Kamala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41061 of 2024 Arising Out of PS. Case No.-350 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Kamala Devi, Wife of Ashok Kumar Singh, Resident of Village- Hiteshpur PS- Jamo, Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nikita Mittal, Advocate Mr. Rajesh Roy, Advocate For the Opposite Party/s :
Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Excise Case No. C-III-350 of 2021 instituted under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, 45.660 litres of illicit liquor was recovered from the backside of the house of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case on the basis of the suspicion. He further submits that the recovery has been made from the open place and the petitioner has no concern with the recovered illicit liquor. The petitioner
Patna High Court CR. MISC. No.41061 of 2024(3) dt.21-09-2024 2/2 has no criminal antecedent and she is lady and undertakes to cooperate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional District & Sessions Judge cum Special Judge (Excise), Siwan / Concerned Trial Court in connection with Excise Case No. C-III-350 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashishkr/- U T