Shyambati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27621 of 2022 Arising Out of PS. Case No.-680 Year-2021 Thana- ARARIA District- Araria ====================================================== SHYAMBATI DEVI W/o Shiv Narayan Paswan Resident of VillageAzamnagar, ward No.-2, P.S. and District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is a case of recovery of country made liquor from Jalawan Ghar.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner is the wife of co-accused Shiv Narayan Paswan and it is not proper for the same offence, two persons of same family were involved in this case and petitioner has no concern with the seized liquor and nothing has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.27621 of 2022(2) dt.02-09-2022 2/2 and petitioner has not been apprehended at the spot and petitioner is a lady. Petitioner has clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions as well as the fact that petitioner is a lady, 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 Special Excise Court-I, Araria in connection with Araria P.S. Case No. 680 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T