Soniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17775 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- PANCHRUKHI District- Siwan ====================================================== SONIYA DEVI W/O SUNAR PRASAD @ SUNAR BIN Resident of VillageUkhai Purabb Pattti, P.S.- Sarai, O.P. District- Siwa, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a women and allegation is of recovery of 5 liters of liquor found in a mustard field.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next submitted that even the mustard field does not belong to the petitioner and she came to be implicated at the instance of the

Patna High Court CR. MISC. No.17775 of 2023(2) dt.10-05-2023 2/2 local villagers but then, the FIR does not disclose the name of the local villagers which cast aspersion on the veracity of the allegation as alleged in the FIR, where petitioner admittedly is a person with clean antecedent.

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. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pachrukhi Sarai O.P. P.S. Case No. 30 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T