Somari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31472 of 2021 Arising Out of PS. Case No.-319 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Somari Devi, wife of Late Rampreet Ram Resident of Village - Ambedkar Colony, Baswariya, Ward No.31, P.S.- Bettiah Town, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 272, 279 of the Indian Penal Code and Sections 30, 33, 34, 36, 38(1) of the Bihar Prohibition

Patna High Court CR. MISC. No.31472 of 2021(3) dt.30-03-2022 2/3 & Excise Act.

The allegation against the petitioner and others is of manufacturing the illicit liquor. Some accused persons were arrested and seizure list was prepared. It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner and petitioner has been made accused since she happens to be the resident of Mohallah-Banswariya where incriminating liquor was recovered. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West

Patna High Court CR. MISC. No.31472 of 2021(3) dt.30-03-2022 3/3 Champaran at Bettiah in connection with Bettiah Town P.S. Case No. 319 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T