Madhuri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16211 of 2024 Arising Out of PS. Case No.-578 Year-2023 Thana- BHORE District- Gopalganj ====================================================== MADHURI DEVI W/O- MOTILAL SAH R/O- VILLAGE- HUSEPUR NAYA SAHAR, P.S.- BHORE, DIST.- GOPALGANJ.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and is a woman and allegation is of recovery of 25.8 litres of liquor from a gunny bag alleged to have been thrown by the fleeing accused. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from her 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 she came to be implicated at the instance of villager but the name of

Patna High Court CR. MISC. No.16211 of 2024(2) dt.13-03-2024 2/2 the villager who disclosed the name of the petitioner is not mentioned in the F.I.R, which casts an aspersion on the case of the prosecution.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10000/- (Rupees ten thousand) 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 Bhore P.S. Case No.578/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T