Geeta Devi @ Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4923 of 2022 Arising Out of PS. Case No.-61 Year-2021 Thana- HIRAMMA P.S. District- Sheohar ====================================================== GEETA DEVI @ GITA DEVI W/o Raju Sah R/o village- Hirauta Dumma, P.S.- Hiramma, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Hiramma P.S. Case no. 61 of 2021 instituted for the offence under Sections 30(a), 30(c), 30(d) and 41(1) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 35 litres from the house of co-accused Sukdeo Sah.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has got no criminal antecedent. Petitioner is wife of Sukdeo Sah and it is not proper that for an offence, all members of a family be implicated. The name of the petitioner has been

Patna High Court CR. MISC. No.4923 of 2022(2) dt.22-07-2022 2/2 disclosed in this case by the co-accused Sukdeo Sah, which has go no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Hiramma P.S. Case no. 61 of 2021, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IInd Cum Special Judge, (Excise Act), Sheohar subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U