Patna High CourtCR. MISC./9891/2024bail granted

Poonam Devi v. The State Of Bihar

2024-02-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9891 of 2024 Arising Out of PS. Case No.-708 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Poonam Devi W/o Pappu Chaudhary R/o Village - Kohra, P.S. - Makhdumpur Tehta O.P, Dist. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Mishra For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 12 liters of liquor, out of which 6 liters of liquor was thrown by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession. It is next submitted that it absolutely does not stand to reason that on what basis the informant identified the petitioner when informant and the

Patna High Court CR. MISC. No.9891 of 2024(2) dt.28-02-2024 2/2 petitioner are not known to each other. It is further submitted that petitioner came to be implicated because of her antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Makhdumpur, Tehta O.P. P.S. Case No. 708 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T