Bajanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30530 of 2023 Arising Out of PS. Case No.-445 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== BAJANTI DEVI WIFE OF KRISHNA MANJHI R/O-MANPUR, SURYA POKHAR, BHUIYAN TOLI, P.S.-BUNIYADGANJ, DISTT.-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-06-2023 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 Sections 30(a)(b)(c) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a woman and is a person with clean antecedent and allegation is of recovery of 10 liters of liquor and 200 liters of Jawa Mahua from the house of the petitioner.

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 petitioner being wife of Krishna Manjhi came to be implicated when the house in question is a joint family property,

Patna High Court CR. MISC. No.30530 of 2023(2) dt.19-06-2023 2/2 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.

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 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 where the case is pending/successor court in connection with Buniyadganj P.S. Case No. 445 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T