Sheela Devi @ Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14027 of 2022 Arising Out of PS. Case No.-205 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== SHEELA DEVI @ SHILA DEVI, aged about 60 years, (Female), Wife of Arjun Manjhi, Resident of Mainpura, L.C.T. Ghat, P.S.- Patliputra, DistrictPatna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhoy Kumar Kashyap, Advocate For the Opposite Party :

Mr. Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and learned counsel for the State through Virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in connection with Patliputra P.S. Case No. 205 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 67.750 liters wine is recovered from the hut belonging to joint family of

Patna High Court CR. MISC. No.14027 of 2022(2) dt.01-04-2022 2/3 the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 67.750 liters wine is recovered from the hut belonging to joint family of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. The petitioner is a lady. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna, in connection with Patliputra P.S. Case No.

Patna High Court CR. MISC. No.14027 of 2022(2) dt.01-04-2022 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T