Savita Devi @ Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29289 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- MAIN P.S. District- Gaya ====================================================== SAVITA DEVI @ SARITA DEVI W/o Dinesh Manjhi Resident of Village - Chaita Makhdumpur, P.S. - Alipur, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2022 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 defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

It is a case of recovery of about eight liters of country made wine from the house of co-accused Indal Manjhi. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that from perusal of the seizure list, it appears

Patna High Court CR. MISC. No.29289 of 2021(2) dt.08-02-2022 2/2 that there is joint seizure list in respect of co-accused Indal Manjhi as well as this petitioner which is not in the eye of law. He further submits that petitioner is brother of co-accused Idnal Manjhi and petitioner is married lady and no separate seizure list was prepared by the police officials in respect of recovery against this petitioner. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances 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 thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge (Excise Act), Gaya in connection with Main P.S. Case No. 46 of 2020 (G.R. No.1723 of 2020), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T