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Patna High CourtCR. MISC./3651/2022allowed

Kari Devi @ Geeta Devi v. The State Of Bihar

2022-06-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3651 of 2022 Arising Out of PS. Case No.-280 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

KARI DEVI @ GEETA DEVI W/o Ramashish Manjhi Resident of Village - Pahartali, P.s.- Muffasil, Distt.- Gaya.

2.

Sudami Devi W/o Late Kanhai Manjhi Resident of Village - Pahartali, P.s.- Muffasil, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a) and 32(2) of the Bihar Prohibition (Amendment) and Excise Act, 2018.

It is a case of recovery of some Mahua wine from a house.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that both the petitioners are lady and they have no concern with the seized liquor and no incriminating article

Patna High Court CR. MISC. No.3651 of 2022(2) dt.14-06-2022 2/2 has been recovered from the conscious or constructive possession of the petitioners and petitioners have not been apprehended at the spot. Petitioners have got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions and also the fact that both the petitioners being lady, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Gaya in connection with Muffasil P.S. Case No. 280 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T