Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50552 of 2018 Arising Out of PS. Case No.-927 Year-2017 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Lalita Devi W/o Ashok Kumar, R/o Vill.- Tulsi Nagar, Chhatuana Tariyani, P.S. & Distt.- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Parasmani For the Opposite Party/s :

Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 38(2) and 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 4.320 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the co-accuseds namely Golu Kumar,

Patna High Court Cr.Misc. No.50552 of 2018(2) dt.20-08-2018 2/2 Md. Ali, Urmila Devi and Ruksana Khatoon. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 4.320 liters wine is recovered from the tempo in question. The tempo in question does not belong to the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 927 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.