Chanchala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2312 of 2018 Arising Out of PS.Case No. -472 Year- 2017 Thana -MANIHARI District- KATIHAR ====================================================== Chanchala Devi, W/o Ramnath Singh, Residence of Village- Kumaripur (Gosai Tola), P.S.- Manihari, Dist- Katihar.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Harish Chandra Patel, Advocate. For the Opposite Party : Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

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

The prosecution story, in brief, is that 8 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 8 liters wine is recovered. The name of the petitioner has transpired in the present case as the alleged recovery

Patna High Court Cr.Misc. No.2312 of 2018 (2) dt.12-01-2018 2/2 has been made from joint house of the petitioner. The petitioner is a lady. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.

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

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of 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.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Excise Act, Katihar, in connection with Manihari P.S. Case No. 472 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T