Lal Muni Devi @ Rekha Devi @ Rekha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5836 of 2022 Arising Out of PS. Case No.-180 Year-2021 Thana- MAHARAJGANJ District- Siwan ====================================================== LAL MUNI DEVI @ REKHA DEVI @ REKHA D/o Hira Bin , W/o Jitendra Prasad Resident of Village - Patedha, Tola, - Kotwa, P.s.- Maharajganj, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a woman having clean antecedent and allegation is of recovery of 5 litres liquor from the joint house of Lal Babu Bin and petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next

Patna High Court CR. MISC. No.5836 of 2022(3) dt.29-09-2022 2/2 submitted that the house is a joint family property and the petitioner is not the exclusive owner of the said house, it is next submitted that she came to be implicated based on information received from Bihar Excise Control Department but the F.I.R. does not disclose what was the basis for such information. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One 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 Maharajganj P.S. Case No. 180 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T