Lalo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30361 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- GURUA District- Gaya ====================================================== 1.

LALO DEVI WIFE OF RAJESH CHAUDHARY RESIDENT OF VILLAGE- BAIDPURA, PS- GURUA, DISTT- GAYA 2.

BICHHIYA DEVI WIFE OF UMESH CHAUDHARY RESIDENT OF VILLAGE- BAIDPURA, PS- GURUA, DISTT- GAYA 3.

RITA DEVI WIFE OF CHHOTU CHAUIDHARI @ SHARVAN CHOUDHARI RESIDENT OF VILLAGE- BAIDPURA, PS- GURUA, DISTT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The learned counsel for the petitioners, at the outset, seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 1 (Lalo Devi) and petitioner no. 3 (Rita Devi).

Permission is accorded.

The petitioner no. 2 apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.30361 of 2023(2) dt.19-06-2023 2/3 the petitioner is a woman and is a person with clean antecedent and allegation is of recovery of 10 liters of liquor from the house of the petitioner.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession, it is next submitted that even the alleged recovery is from a house which 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 was within her knowledge, when admittedly petitioner is a person with clean antecedent.

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 no. 2, above-named, in the event of her arrest or surrender before the learned trial court 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 trial court

Patna High Court CR. MISC. No.30361 of 2023(2) dt.19-06-2023 3/3 where the case is pending/successor court in connection with Gurua P.S. Case No. 124 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T