Baby Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37214 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- THALI District- Nawada ====================================================== BABY DEVI Wife of Binod Chaudhary Resident of village - Patluka, P.S. - Thali, distt. - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar For the Opposite Party/s :
Mr. Pushpa Sinha ====================================================== 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 Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case and is a women and allegation is of recovery of 2 liters of liquor from a bush situated in front of the house of 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 even the alleged recovery is from a place which does not belong to the petitioner, it is next submitted that the petitioner came to be implicated
Patna High Court CR. MISC. No.37214 of 2023(2) dt.23-06-2023 2/2 merely because her passbook was found lying near the place of occurrence.
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. 5,000/- (Rupees Five 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 Thali P.S. Case No. 91 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T