Patna High CourtCR. MISC./30184/2022bail granted

Dhanmanti Devi v. The State Of Bihar

2022-09-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30184 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== DHANMANTI DEVI Wife of Ashok Chaudhary Resident of Village - Jagdishpur Tiyari, Police Station- Noorsarai, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Prasad Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Noorsarai P.S. Case no. 61 of 2022 instituted for the offence under Sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 7.5 litres of country made liquor from behind the house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the place of occurrence. The alleged place is an open area, easily accessible

Patna High Court CR. MISC. No.30184 of 2022(2) dt.02-09-2022 2/2 to all people. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Noorsarai P.S. Case no. 61 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Nalanda, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/AmanU