Shivkali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45252 of 2021 Arising Out of PS. Case No.-115 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== SHIVKALI DEVI Wife of Sonelal Sahni Resident of Village- Chak Surgahi, P.S.- Tariyani, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks. The petitioner is apprehending her arrest in connection with Tariyani P.S. case No.115/2021 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 2 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other

Patna High Court CR. MISC. No.45252 of 2021(2) dt.01-11-2021 2/2 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 2 liters wine is recovered from the joint house of the petitioner. The petitioner is a lady. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Sheohar in connection with Tariyani P.S. case No.115/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T