Khushbu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46044 of 2021 Arising Out of PS. Case No.-254 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== KHUSHBU DEVI W/O Ram Giri Resident of Ramnagar Bankat, P.S. - Majhauliya, District - West champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Durga Nand Jha For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Majhaulia P.S. Case no. 254 of 2020 instituted for the offence under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, petitioner was indulged in business of illicit liquor and a machine has also been recovered from her hut which is used to packing the liquor pouch.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has got no criminal antecedent. Petitioner has no

Patna High Court CR. MISC. No.46044 of 2021(2) dt.03-03-2022 2/2 concern with the alleged recovery or with the hut in question. Neither the petitioner was arrested nor any incriminating article has been recovered from her possession. She is a lady. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Majhaulia P.S. Case no. 254 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U