Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15899 of 2023 Arising Out of PS. Case No.-33 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== SHILA DEVI W/O SHRI GHUGHALI CHAUDHARY Resident of VillageJokaha, P.S.- Manuapool O.P.- District- West Champaran, Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 37(c) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of three liters of liquor from a tented shop of the petitioner's husband.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession, it is next submitted that she came to be implicated merely because the liquor was recovered from a shop which is alleged to be belonging to her

Patna High Court CR. MISC. No.15899 of 2023(2) dt.03-05-2023 2/2 husband when so many persons come to the shop of the husband of the petitioner.

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

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Chanpatia Kumarbagh O.P. P.S. Case No. 33 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Accordingly, the present anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T