Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32840 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Sarita Devi W/O Jitendra Sahani @ Jagga Sahani Resident of VillageNarwara ,P.S- Tariyani , Dist- Sheohar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. M K Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-05-2024 Heard Mr. Abhishek Kumar, learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends her arrest in connection with Tariyani P.S. Case No. 41 of 2024, registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
3. The police on a secret information conducted raid at the house of Jitendra Sahani @ Jagga Sahani. Noticing the police party one woman succeeded in fleeing away after throwing bag; who was later on identified by the villagers as the petitioner, wife of Jitendra Sahani @ Jagga Sahani. On search, total 7.8 liters of country made foreign liquor was recovered.
4. Learned Advocate for the petitioner contended that
Patna High Court CR. MISC. No.32840 of 2024(2) dt.28-05-2024 2/3 the name of the petitioner has been implicated in this case only on account of she being wife of Jitendra Sahani @ Jagga Sahani. Save and except the allegation that she was identified by the villagers, there is no material suggesting the complicity of the petitioner. The alleged recovery has been made near the farm of Lalan Singh, which is an open place easily accessible to all. The petitioner has no concern with the place from where the recovery has been made nor with the illicit wine.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is a lady, having fair antecedent, apart from the fact that the alleged recovery has been made from an open place easily accessible to all, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Sheohar in connection with Tariyani P.S. Case No. 41 of 2024, subject to the conditions laid down in Section
Patna High Court CR. MISC. No.32840 of 2024(2) dt.28-05-2024 3/3 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) shivank/- U T