Kavita Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24828 of 2020 Arising Out of PS. Case No.-44 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Kavita Kunwar Wife of Late Surendra Bind Resident of Village- Balipur, P.S.- Kudra, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kudra P.S. Case No. 44 of 2020, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on secret information having been received, a raid was conducted and 5 litres of Mahua liquor was recovered from the house of the petitioner. It is further stated that other articles including Mahua in the process of manufacture of liquor was also recovered, however, being very hot the same was destroyed. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.24828 of 2020(2) dt.23-12-2020 2/2 that no recovery of any incriminating article as alleged has taken place from the house of the petitioner who happens to be a widow lady having no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case including the fact that the petitioner has no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of her arrest or surrender in connection with Kudra P.S. Case No. 44 of 2020, she will be enlarged on bail on furnishing bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 3rd-cumSpecial Judge, Excise Act, Kaimur at Bhabua, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T