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Patna High CourtCR. MISC./37663/2022allowed

Mira Devi v. The State Of Bihar

2022-09-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37663 of 2022 Arising Out of PS. Case No.-672 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Mira Devi Wife Of Sanjay Ram R/O- Vill- Bahuarwa Harijan Toli Ward No. 09, P.S.-MAJHAULIA, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegedly, it is a case of recovery of only three liters of liquor from the co-accused Sanjay Ram.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that she has no concern with the seized liquor and petitioner is the wife of co-accused Sanjay Ram and meagre quantity of liquor has been recovered. Petitioner is a lady and she has not been apprehended at the spot. Petitioner has clean antecedent.

Patna High Court CR. MISC. No.37663 of 2022(2) dt.23-09-2022 2/2 Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions as well as the fact that meagre quantity of liquor has been recovered, let the petitioner, above named in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, District-West Champaran in connection with Majhaulia P.S. Case No. 672 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T