Gyanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11922 of 2018 Arising Out of PS.Case No. -313 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ====================================================== Gyanti Devi, Wife of Bali Ram Chaudhary, Resident of VillageDindayalpur, Chaudhary Tola, Police Station- G.B.Nagar, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with G.B. Nagar PS case no. 313 of 2017 registered for the offences punishable under Sections 272, 273, 308 of the Indian Penal Code and Sections 30, 34, 36, and 38 of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 6 liters of illicit liquor which is said to have been buried in a land situated within the hut of the petitioner herein.

The learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner and there is no compliance of Section 100 Cr. P.C. It is

Patna High Court Cr.Misc. No.11922 of 2018 (2) dt.27-02-2018 2/2 further submitted that the petitioner is having a fair antecedent. Considering the nature of accusation levelled against the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge -cum- Special Judge, Siwan in connection with G.B. Nagar PS case no. 313 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T