Dhanbanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17502 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- HILSA District- Nalanda ====================================================== DHANBANTI DEVI, aged about 30 years (Female), D/o Dwarik Manjhi, W/o Ranjay Manjhi, Resident of Village- Babhandiha Manjhi Tola, P.S.- Hilsa, District- Nalanda.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar Singh, Advocate For the Opposite Party :

Mrs. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2022 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 Hilsa P.S. Case No. 36 of 2022 for the offence registered under Section 30(a) (c) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that 4 liters wine is recovered from the joint house of the petitioner. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.17502 of 2022(2) dt.22-04-2022 2/3 There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 4 liters wine is recovered from the joint house 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. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022(Sweta Kumari-Versus-State of Bihar).

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 Ist, Biharshariff, Nalanda, in connection with Hilsa P.S. Case No.

Patna High Court CR. MISC. No.17502 of 2022(2) dt.22-04-2022 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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