Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21335 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== PUSHPA DEVI WIFE OF SANDEEP SINGH R/O VILLAGE- GHURGHAT, P.S.- SISWAN, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a female. Allegation is of recovery of 40 litre of liquor from the kitchen of the petitioner.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. He further submits that being a lady, she has been implicated when the entire family members are staying in

Patna High Court CR. MISC. No.21335 of 2022(2) dt.05-08-2022 2/2 the house and it absolutely does not stand to reason that as to why the police came to know that the kitchen exclusively belonged to the petitioner. He next submits that even the name of the petitioner was disclosed by the villagers but the name of the villagers have not been disclosed in the FIR. This amply demonstrates that the petitioner has been falsely implicated in the present case.

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 Court below 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 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise Case No. 15 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T