Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24617 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Sunita Devi Wife of Rajesh Kumar @ Rajesh Prasad Gupta R/V- Gohi, PSWarisnagar, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mrs.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 30(a), 32(2), 32(3), 41(2)(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 774 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is alleged that 774 liters wine is recovered from three pick up vans and six motorcycles. One of the motorcycle was parked by the side of the place of occurrence. There is no recovery of wine from the motorcycle in question, which belongs to the petitioner. Except for this, there is no other substantive

Patna High Court CR. MISC. No.24617 of 2023(2) dt.19-05-2023 2/2 evidence to suggest the implication of the petitioner in this case. The petitioner is a lady. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below/concerned Court in connection with Waris Nagar P.S. case No.11 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T