Patna High CourtCR. MISC./37061/2023bail granted

Shobha Devi v. The State Of Bihar

2023-06-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37061 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- MATIYARIA District- West Champaran ====================================================== SHOBHA DEVI W/O LAKHU HAJRA R/O Village- Bhuski, P.SMatiyariya, Distt.- West Champarn. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2023 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 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a women and allegation is of recovery of 2 liters of liquor from a bush thrown by Sarvesh and 2 liters of liquor from a bush thrown by the petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next

Patna High Court CR. MISC. No.37061 of 2023(2) dt.23-06-2023 2/2 submitted that alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and it appears that the Chowkidar, in order to save the real culprit falsely implicated 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Matiyaria P.S. Case No. 13 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T