Mira Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29467 of 2023 Arising Out of PS. Case No.-500 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== MIRA DEVI Wife of Sri Ashok Kumar Resident of Ambekar Colony, Yarpur, P.S.-Gardanibagh, District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Rajeev, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 34 of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a woman and is a person with clean antecedent and allegation is of recovery of 120 liters of liquor found near water tank of Mushari Tola.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, and even alleged recovery is from a place which does not belong to the petitioner and is accessible to the public at large and she came to be
Patna High Court CR. MISC. No.29467 of 2023(2) dt.18-05-2023 2/2 implicated at the instance of Excise Department, when admittedly she is a person with clean antecedent. It is next submitted that it appears that petitioner was falsely implicated in order to save real culprit.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gardanibagh P.S. Case No. 500 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Adnan/- U T