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Patna High CourtCR. MISC./12991/2022allowed

Lalchuni Devi v. The State Of Bihar

2022-08-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12991 of 2022 Arising Out of PS. Case No.-474 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== LALCHUNI DEVI W/o Lalan Sah Resident of Village- Garbhuwa Lala Tola, P.S.- Sirisia O.P., District- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is a case of recovery of country made wine from the orchard of Bidya Mahto.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the name of the petitioner came into light on the basis of the villagers and nothing has been recovered from the conscious or constructive possession of the petitioner and he has no concern with the seized liquor or said orchard and

Patna High Court CR. MISC. No.12991 of 2022(2) dt.05-08-2022 2/2 petitioner has not been apprehended at the spot. He further submits that the petitioner is a lady.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions as well as the fact that petitioner being a lady, let the petitioner, above named, 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 Special Judge Excise, Bettiah, West Champaran in connection with Yogapatti (Shanichari) P.S. Case No. 474 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