Patna High CourtCR. MISC./13723/2023bail granted

Anita Devi v. The State Of Bihar

2023-08-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13723 of 2023 Arising Out of PS. Case No.-409 Year-2022 Thana- BARHARIA District- Siwan ====================================================== ANITA DEVI W/O RAMJI GOSWAMI Resident of village- Koyrigama Yogitola, P.S.- Barhariya, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023

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 offence punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 5 liters of liquor from a semiconstructed house of Ramji Goswami.

4. 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 submitted that petitioner has been falsely implicated in the present case merely because she is wife of Ramji Goswami, it is

Patna High Court CR. MISC. No.13723 of 2023(3) dt.23-08-2023 2/2 further submitted that whenever such recovery is made the entire family members are implicated in a mechanical manner, when admittedly petitioner is a person with clean 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barhariya P.S. Case No. 409 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T