Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23969 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Sunita Devi Wife of Raju Kumar Resident of Village Mainpur, P.S. and District Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Setu Prateek, Advocate For the State :

Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act. 18 litres of country made liquor has been recovered from behind the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that there is no recovery from the conscious possession of the petitioner. It is further submitted that country made liquor has been recovered from behind the house of the petitioner which is an open place. It is lastly

Patna High Court CR. MISC. No.23969 of 2022(3) dt.17-08-2022 2/3 submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. Petitioner is ready to deposit a sum of Rs.10,000/- (rupees ten thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

Taking into consideration the fact aforesaid and the fact that there is no recovery from the conscious possession of the petitioner, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, 2ndcum-Special Judge, Excise Court No.1, Gopalganj in connection with Gopalganj (Town) P.S. Case No.126 of 2022, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be own blood relative of the

Patna High Court CR. MISC. No.23969 of 2022(3) dt.17-08-2022 3/3 petitioner, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (Anjani Kumar Sharan, J.) Sanjay/- U T