Saro Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35492 of 2022 Arising Out of PS. Case No.-95 Year-2022 Thana- BIHAR District- Nalanda ====================================================== SARO DEVI W/O RAJENDRA CHOUDHARI Resident of Village - Mirdad, P.S.- Bihar, Distt.- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shrinkhala, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and is a lady, aged about 67 years.

Allegation is of recovery of 13 litre of liquor from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is next submitted

Patna High Court CR. MISC. No.35492 of 2022(2) dt.22-08-2022 2/2 that police in a mechanical manner based on antecedent of the petitioner have implicated her when admittedly the house is a joint family property and the said aspect was never inquired by the police before instituting the FIR. It is further submitted that the petitioner came to be implicated by the local people but the name of the local people is not disclosed in the FIR which points towards the false implication of the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or 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.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihar P.S. Case No. 95 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T