Guriya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29683 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== GURIYA DEVI Wife of Bhim Bind Resident of vill.- Bahoranpur, P.S.- Bahoranpur, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a woman having clean antecedent and allegation is of recovery of 5 litres of liquor from the house of petitioner. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next submitted that the house is a joint family property as such it cannot be alleged with certainty that it was the petitioner who had kept the liquor in the house or the liquor kept in the house

Patna High Court CR. MISC. No.29683 of 2023(2) dt.18-05-2023 2/2 was within her knowledge, it is also submitted that raid was conducted at the time of Holi when many villagers were present in the house and it may be a possibility that someone, in order to implicate the petitioner, had kept the liquor in her joint family house.

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 Court below 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 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sahpur P.S. Case No. 103 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T