Sabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12982 of 2021 Arising Out of PS. Case No.-193 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== Sabita Devi Wife of Shivraj Chaudhari Resident of Village - Saidpur, P.S. - Khizersarai, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a),(c), (d) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 314 liters of foreign liquor, 62.500 litres of beer of different quantity of bottle and 810 kg Mahua flower is said to have been recovered from Shivbhog

Patna High Court CR. MISC. No.12982 of 2021(2) dt.06-12-2021 2/3 Flour Mill. He submits that mill in question situated at village Saidpur, District Gaya which belongs to the petitioner, was given under lease/rent agreement to one Krishna Manjhi @ Krishna Kumar for a period of ten years under the certain terms and condition. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 50,000.00 (Rupees Fifty Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No. 2065104000002257, IFSC IBKL 0002065, IDBI Bank, Kidwaipuri Branch, Patna.

Considering the facts and circumstances of the case, the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khizersarai P.S. Case No. 193 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.12982 of 2021(2) dt.06-12-2021 3/3 50,000.00 (Rupees Fifty Thousand) in the Chief Minister Relief Fund Bihar.

(Anjani Kumar Sharan, J) devendra/- U T