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Patna High CourtCR. MISC./3758/2022allowed

Soni Devi v. The State Of Bihar

2022-06-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3758 of 2022 Arising Out of PS. Case No.-624 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

SONI DEVI W/o Sanjay Chaudhary Resident of Village- Khairuganj, Sarna Chowk Rambag, P.S.- Sadar, District- Purnea.

2.

Sanjay Choudhary Son of Shankar Choudhary Resident of VillageKhairuganj, Sarna Chowk Rambag, P.S.- Sadar, District- Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.2, namely, Sanjay Choudhary.

Permission is accorded.

Accordingly,t he petition of petitioner no.2, namely, Sanjay Choudhary is dismissed as withdrawn.

Heard learned counsel for the petitioner no.1, namely, Soni Devi and learned APP for the State.

The petitioner no.1 is apprehending her arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

It is a case of recovery of about 10 liters of country

Patna High Court CR. MISC. No.3758 of 2022(2) dt.15-06-2022 2/2 made liquor from the house of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that both the petitioners are wife and husband of this case and involved in false case. He further submits that the recovery is very meager quantity.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions and also the fact the petitioner no.1 being the lady and meager quantity of liquor was recovered, let the petitioner, namely, Soni Devi, in the event of her 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) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Purnea in connection with Sadar P.S. Case No. 624 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