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Patna High CourtCR. MISC./5635/2022allowed

Anita 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.5635 of 2022 Arising Out of PS. Case No.-370 Year-2021 Thana- BUXAR District- Buxar ====================================================== ANITA DEVI W/o- Vijay Kumar Chourasiya R/o- Vill - Pandeypatt, Panrepatti, P.S. - Buxar (M), District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise (Amendment) Act, 2018.

It is a case of recovery of about 29.500 liters of foreign made liquor from a hotel.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case and petitioner is lady. He further submits that she has no concern with the seized liquor and no incriminating article has been recovered from the conscious or constructive possession of the petitioner. Petitioner has not been apprehended at the spot and the name of the petitioner has been transpired on the basis of

Patna High Court CR. MISC. No.5635 of 2022(2) dt.15-06-2022 2/2 confessional statement of apprehended co-accused Rinki Devi and Maya Devi. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions and the fact that petitioner is a lady, let the petitioner, above named 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Buxar in connection with Buxar (T) P.S. Case No. 370 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