Birbal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10082 of 2022 Arising Out of PS. Case No.-221 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

Birbal Rai Son Of Late Dhela Rai R/O - Manrauli, P.S.- Raghunathpur, District- Siwan 2.

Usha Devi Wife Of Birbal Rai R/O - Manrauli, P.S.- Raghunathpur, DistrictSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 Vide order dated 13.09.2022, the bail prayer of petitioner no.1 has already been dismissed as withdrawn. Heard learned counsel for the petitioner no.2 and learned APP for the State.

The petitioner no.2 is apprehending her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegedly, it is a case of recovery of illicit liquor from petitioner no.1 who was apprehended by the police. It is submitted by learned counsel for the petitioner no.2 that the petitioner no.2 has falsely been implicated in this case. He further submits that she has no concern with the seized

Patna High Court CR. MISC. No.10082 of 2022(3) dt.04-11-2022 2/2 liquor and no incriminating article has been recovered from the conscious possession of the petitioner and petitioner no.2 has not been apprehended at the spot. Petitioner no.2 has clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner no.2, namely, Usha Devi, 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 District and Sessions Judge-II-cum-Special (Excise), Siwan in connection with Raghunathpur P.S. Case No. 221 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