Kamlawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22187 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- BARHARIA District- Siwan ====================================================== 1.

Kamlawati Devi W/o- Nandlal Chaudhary Village- Sheikhpura Ps- Barharia Dist- Siwan 2.

Vinod Kumar @ Vinod Chaudhary son of Nandlal Chaudhary VillageSheikhpura Ps- Barharia Dist- Siwan 3.

Sweta Devi wife of Saroj Kumar Village- Sheikhpura Ps- Barharia DistSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Kumar Singh For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2024

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

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no.1 and 3 are women. It is next submitted that allegation is of recovery of 50 litres of liquor from a newly built house of Nandlal Chaudhary. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from

Patna High Court CR. MISC. No.22187 of 2024(2) dt.29-03-2024 2/2 their conscious possession and they came to be implicated in the instant case merely for the reason that they are family members of Nandlal Chaudhary. It is next submitted that the police in order to coerce Nandlal Chaudhary into submission, falsely got the petitioners implicated, who are wife, son and daughter-inlaw of Nandlal Chaudhary and are persons with clean antecedent.

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

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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.500/- (Rupees five hundred) each 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 Barharia P.S. Case No.05/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T