Shruti Devi @ Surti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36789 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== SHRUTI DEVI @ SURTI DEVI W/O RAJA PASWAN R/O- VILLKAMALPUR, WARD NO.- 17, P.S. DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 30(c) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 5 litres liquor from the petitioner's house. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, further the house belongs to the her husband Raja Paswan from where the alleged recovery is alleged to have been made and she has been implicated because she is wife of Raja Paswan, it is next

Patna High Court CR. MISC. No.36789 of 2022(2) dt.23-08-2022 2/2 submitted that from perusal of the seizure list it would manifest that the same is also in breach of Section 62 of the Excise Act as the part of the premises form where the alleged recovery was made was not seized as it does get reflected from the seizure list.

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. 2,000/- (Rupees Two 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 Khagaria P.S. Case No. 99 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T