Most Malo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39145 of 2024 Arising Out of PS. Case No.-220 Year-2021 Thana- PARWALPUR District- Nalanda ====================================================== Most Malo Devi Wife of Late Bachol Yadav Resident of Village - Ladhuari, P.S.- Parwalpur, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Parwalpur P.S. Case No. 220 of 2021 dated 12.11.2021, instituted for the offence punishable under Sections 30 (a) (C) (D) of the Bihar Prohibition & Excise Act.

3. The allegation is of recovery of 15 litres country made liquor and raw material with instrument for making liquor from the cabin of boring which is situated in the agricultural field of co-accused Bachol Yadav.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that petitioner is the wife of Bachol Yadav, who is the owner of the alleged agricultural field from

Patna High Court CR. MISC. No.39145 of 2024(2) dt.03-07-2024 2/2 where the illicit liquor has been recovered. It is further stated that alleged recovery has been made from the agricultural field which is an open space and accessible to anyone. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Parwalpur P.S. Case No. 220 of 2021 , she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional District & Sessions Judge, Excise-II, Nalanda, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T