Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26717 of 2023 Arising Out of PS. Case No.-271 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

SUNITA DEVI Wife of Krishna Paswan Resident of village-Daroga Tola, P.S.-Banjariya, District-East Champaran 2.

MUNNA PASWAN Son of Fulena Paswan Resident of village-Daroga Tola, P.S.-Banjariya, District-East Champaran 3.

RAMBABOO SAH Son of Daroga Sah Resident of village-Daroga Tola, P.S.-Banjariya, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 32, 34 and 41(i) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 1 is a woman.

Allegation is of recovery of 55 litres of liquor from an asbestos house.

Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.26717 of 2023(2) dt.16-05-2023 2/2 recovered from their conscious possession. It is further submitted that they are owner of the house in question from where the alleged recovery was made and they came to be implicated by the local villagers whose name is not disclosed in the FIR which creates doubt with regard to the veracity of the allegation as alleged in the FIR, when petitioners admittedly are persons with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each 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 Turkauliya (Banjariya) P.S. Case No. 271 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T