Masomat Kali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10639 of 2024 Arising Out of PS. Case No.-205 Year-2023 Thana- MANSAHI District- Katihar ====================================================== Masomat Kali Devi, female, aged about 50 years, W/o Late Shankar Sah R/o Pakariya, P.S.- Mansahi, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 40 litres of liquor along with 50 litres of half manufactured liquor from a place behind the house of the Petitioner. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner and he came to be implicated at

Patna High Court CR. MISC. No.10639 of 2024(2) dt.29-02-2024 2/2 the instance of local people, but then the name of the person, who disclosed the name of the petitioner is not disclosed in the FIR, which casts an aspersion on the case of the prosecution, when petitioner admittedly is a person with clean antecedent. It is also submitted that the petitioner was implicated merely for the reason that the alleged recovery was from a place which is adjacent to his house.

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 his 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. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mansahi P.S. Case No. 205 of 2023 subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T