Sakhia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27785 of 2022 Arising Out of PS. Case No.-420 Year-2021 Thana- ALOULI District- Khagaria ====================================================== Sakhia Devi, W/O Nepali Mukhia Resident Of Village - Phultaura, P.S.- Alauli, Distt.- Khagaria.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 30(a)(b)(c) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the allegation is of recovery of 15 litre of liquor from all the three named accused persons from their house including the petitioner. Further, 05 litre of country-made liquor is alleged to have been recovered from a yellow colour gallon from the house of the petitioner.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from her house and the house is a joint family property. The learned counsel further submits that the police in a

Patna High Court CR. MISC. No.27785 of 2022(2) dt.12-08-2022 2/2 mechanical manner has implicated the petitioner when she is the owner of the alleged house/ hut from where the alleged recovery was made. The learned counsel next submits that the petitioner came to be implicated based on the secret information, which is the easiest way to implicate an innocent person in order to save the real culprit.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Alauli P. S. Case No.420 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T