Aarti Devi @ Most. Aarti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29507 of 2022 Arising Out of PS. Case No.-107 Year-2022 Thana- KORHA District- Katihar ====================================================== AARTI DEVI @ MOST. AARTI DEVI W/o Late Mithilesh Poddar Resident of Village - Korha (Nahar), P.S.- Korha, Distt.- Katihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner 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 petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a female. Allegation is of recovery of 20 litre of liquor from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. He further submits that police in a mechanical manner are implicating innocent

Patna High Court CR. MISC. No.29507 of 2022(2) dt.12-08-2022 2/2 persons on the ground that the house belongs to them even without verifying whether the house is a joint family property or not. He next submits that the house is a joint family property, as such, it cannot be alleged that it was the petitioner who had kept the liquor in the house. He also submits that petitioner came to be implicated based on secret information which is the easiest way to implicate an innocent person.

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.2,000/- (Rupees Two 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 Korha P.S. Case No. 107 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T