Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31110 of 2022 Arising Out of PS. Case No.-409 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== ANITA DEVI W/o Vama Sahni @ Parmeshwar Sahni Resident of VillageKurhar, P.S.- Nanpur, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-09-2022 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 her arrest in connection with Nanpur P.S. Case no. 409 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

Prosecution case relates to recovery of 25 litres country made liquor from the house of co-accused Bama Shahni who is the husband 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. For this offence, her husband was arrested by the police. Neither the petitioner was arrested

Patna High Court CR. MISC. No.31110 of 2022(2) dt.16-09-2022 2/2 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 considering the fact that petitioner is a lady, 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 his arrest or surrender in connection with Nanpur P.S. Case no. 409 of 2021, 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 Exclusive Excise Court No.2, Sitamarhi, District- Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/aman U