Lilavati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20422 of 2023 Arising Out of PS. Case No.-523 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== LILAVATI DEVI W/O MANSHI CHAUDHARI @ MANSHI YADAV RESIDENT OF VILLAGE- GOPLAPUR, P.S- SIWAN MUFFASIL, DISTT.- SIWAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 353, 224/225 of the Indian Penal Code and Section 30(a)/45/47 of Bihar Prohibition Excise Act, 2016.

Prosecution case is that 4 liters of country made liquor was recovered from the shop.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR and the name of the petitioner surfaced during the investigation. Nothing has been recovered from the conscious possession of the petitioner rather, the recovery has been made from the shop of the co-accused, namely, Tarkeshwar Gupta. Petitioner has got no criminal

Patna High Court CR. MISC. No.20422 of 2023(2) dt.15-05-2023 2/2 antecedent.

Learned counsel for the State opposed the prayer for bail.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Siwan in connection with Siwan Mufasil Police Station Case No. 523 of 2017 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T