Namita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29599 of 2022 Arising Out of PS. Case No.-69 Year-2022 Thana- JANTA BAZAR District- Saran ====================================================== 1.

NAMITA DEVI Wife of Triloki Rawat Resident of Village - Khurdlauva, P.S.- Janta Bazar, District - Saran.

2.

Kisamatiya Devi Wife of Raman Ravat Resident of Village - Khurdlauva, P.S.- Janta Bazar, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are female. Allegation is of recovery of 10 litre of liquor from a place in front of the house of Dharmendra Raut, 15 litre of liquor behind the house of petitioner no. 1 and 15 litre of liquor behind the house of petitioner no. 2.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.29599 of 2022(2) dt.12-08-2022 2/2 petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession. He further submits that even the alleged recovery is from a place which does not belong to the petitioners. He next submits that petitioners came to be implicated based on secret information which is the easiest way to implicate an innocent person with a view to save the real culprits. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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.20,000/- (Rupees Twenty Thousand) each 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 Janta Bazar P.S. Case No. 69 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T