Patna High CourtCR. MISC./18908/2024bail granted

Shyama Devi v. The State Of Bihar

2024-03-21Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18908 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== SHYAMA DEVI W/o Ganour Yadav R/o Village-Ranna, P.S.-Darbhanga, District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kanchan Jha, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2024

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

2. The petitioner apprehends her arrest in connection with Sadar Bhalpatti O.P. P.S. Case No. 14 of 2024, dated 06.01.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases and is a woman.

4. Allegation is of recovery of 90 litres of liquor from a mango orchard of Rameshwar Singh.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession and even the alleged

Patna High Court CR. MISC. No.18908 of 2024(2) dt.21-03-2024 2/2 recovery is from a place which does not belong to the petitioner and is accessible to public at large and she came to be implicated based on secret information which is the easiest way to implicate someone.

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

7. 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 Court below within a period of six 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 court below where the case is pending/successor court in connection with Sadar Bhalpatti O.P. P.S. Case No. 14 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T