Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31564 of 2020 Arising Out of PS. Case No.-301 Year-2020 Thana- BIHTA District- Patna ====================================================== Indu Devi W/o Late Bharat Rai Resident of Village-Chack Munjay, P.S.- Bihta, District-Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajesh Mohan, Advocate For the State :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has filed the instant application for grant of anticipatory bail in connection with Special Case no. 3370 of 2020 arising out of Bihta P.S. Case no. 301 of 2020 registered under sections 147, 148, 149, 341, 323, 324, 307, 332, 333, 336, 337, 427, 504, 506 of the Indian Penal Code, section 30(a) of Bihar Prohibition and Excise Act, 2016 and section 3(1)(r)(s) of the SC and ST Act.

As per allegation in the F.I.R., 5 litres of country liquor was recovered from the bag said to have been thrown by this petitioner.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and

Patna High Court CR. MISC. No.31564 of 2020(3) dt.02-03-2021 2/2 concocted. The petitioner who is a lady has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner who is a lady has no criminal antecedent, this Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner above named, in the event of her arrest or surrender in the Court below within a period of six weeks from today in connection with Special Case no. 3370 of 2020 arising out of Bihta P.S. Case no. 301 of 2020 is directed to 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 the learned Special Judge, Excise, Patna, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) shahzad/- U T