Patiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17639 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Patiya Devi W/o Bhola Ram R/o Village Harpur Bakhri PS Ahiyapur District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024 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 offences punishable under Sections 30(a) and 32(3) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman, and allegation is of recovery of 18 litres of liquor from a ditch dug in a room of the house of the petitioner.

4.

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 also submitted that after the amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been

Patna High Court CR. MISC. No.17639 of 2024(2) dt.12-03-2024 2/2 done away with. It is next submitted that house is a joint family property as such it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house or the liquor kept in the house within knowledge of the petitioner and she came to be implicated based on secret information which is the easiest way to implicate someone when petitioner admittedly is a person with clean antecedents.

5.

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

6.

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 Muzaffarpur Excise P.S. Case No. 146 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T