Harshlata Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18772 of 2024 Arising Out of PS. Case No.-218 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== Harshlata Devi, W/o Sudhir Ray, Residence of Village- Kharahiya, Police Station- Hasanpur, Diss- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends her arrest in connection with Hasanpur P.S. Case No. 218 of 2022 registered for the offences punishable under Section 30 (a) of Bihar Excise (Amendment Act), 2016.

3. As per prosecution case, the petitioner and other accused persons are involved in illegal business of selling liquor and there is recovery of 50.940 litre of foreign liquor from the house of co-accused Abhiram Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. There is no recovery of incriminating article from conscious possession of the petitioner

Patna High Court CR. MISC. No.18772 of 2024(2) dt.28-03-2024 2/2 or from her house. The alleged recovery was made from the house of the co-accused Abhiram Kumar and the petitioner is living separately from him. Petitioner has no concern with the affairs of co-accused Abhiram Kumar. Petitioner is a lady and having no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Hasanpur P.S. Case No. 218 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T