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Patna High CourtCR. MISC./37644/2022allowed

Basanti Devi @ Pagli v. The State Of Bihar

2022-09-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37644 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== BASANTI DEVI @ PAGLI W/o Vijay Manjhi R/o village- Duphera, P.S.- Rajauli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegedly, it is a case of recovery of only five liters of Mahua liquor from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that meagre quantity of liquor has been recovered and petitioner is a lady and she has not been apprehended at the spot. Petitioner has clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Patna High Court CR. MISC. No.37644 of 2022(2) dt.23-09-2022 2/2 Considering the aforesaid submissions as well as the fact that petitioner is a lady and meagre quantity of liquor has been recovered, let the petitioner, above named in the event of her arrest or surrender before the court below within a period of four 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 Exclusive Special Excise Court-2, Nawada in connection with Rajauli P.S. Case No. 22 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T