Laxmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8622 of 2019 Arising Out of PS. Case No.-727 Year-2017 Thana- SUPAUL District- Supaul ====================================================== Laxmi Devi aged about 51 years (Female), Wife of Late Ganpat Kamat R/o village- Ward no. 11, Nagar Palika, Supaul, P.S- Supaul, District - Supaul. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner. No one appears on behalf of the State.

The petitioner is seeking anticipatory bail in connection with S.T. Excise No. 1078/2017 arising out of Supaul P.S. Case No. 727/2017 registered under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016. learned counsel for the petitioner submits that according to the self-statement recorded by the Inspector which has given rise to the present case he raided the house of the petitioner along with the police party at about 10 P.M. The house was searched and the police recovered 56 bottles of foreign made liquor each containing 375 ml. The son of the petitioner, who was present in the house, was arrested.

Patna High Court Cr.Misc. No.8622 of 2019(2) dt.18-02-2019 2/3 The allegation against the petitioner is that she had fled away taking benefit of darkness.

Learned counsel submits that it is apparent from the F.I.R. itself that the petitioner was not found in the house in question and the recovery has been allegedly made from the house where her son was living and he was arrested also. It is submitted that the petitioner is not living with her son in mess and business, and for the same allegation which is alleged against her son and there is no specific allegation against petitioner of keeping illicit liquor in her conscious possession, the petitioner has been falsely implicated.

Considering the facts and circumstances of the case wherein the petitioner is the lady and her son has already been arrested in connection with the allegations made in the F.I.R., in the event of her arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-

Patna High Court Cr.Misc. No.8622 of 2019(2) dt.18-02-2019 3/3 Special Judge, Excise, Supaul, in connection with S.T. Excise No. 1078/2017 arising out of Supaul P.S. Case No. 727/2017, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T