Hanki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14362 of 2024 Arising Out of PS. Case No.-928 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Hanki Devi aged about 39 years (F) Wife of Sanjay Marandi resident of village- Kurwa Lachhimipur, Police Station- Forbesganj (Simraha), DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2024 Heard Mr. Mukesh Kumar Rana, learned counsel appearing on behalf of the petitioner and Mr. Ram Anurag Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Forbesganj (Simraha) P.S. Case No. 928 of 2023 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. The allegation is of recovery of 15 litres of country made wine from the joint house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. She has no concern either with the seized liquor or trade of liquor in any manner. Nothing has been recovered from conscious possession of the

Patna High Court CR. MISC. No.14362 of 2024(3) dt.16-04-2024 2/2 petitioner. The petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Araria in connection with Forbesganj (Simraha) P.S. Case No. 928 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J) Niraj/- U T