Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39194 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Rekha Devi W/O Lalbabu Ravat R/O Village- Chihutaha, Baikunthpur, P.SBaikunthpur, Distt.- Gopalganj. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar For the Opposite Party/s :
Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 32 litres of liquor from a place near the bank of Gandak river and 20 litres of liquor from the house of petitioner and 17.250 of litres from the wheat field of Pramod Singh and Amod Singh. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and after amendment in the Excise Act in the year 2018, the concept of deemed possession and
Patna High Court CR. MISC. No.39194 of 2024(2) dt.28-06-2024 2/3 presumed offender has been done away with. It is also submitted that the house in question is a joint house as such it cannot be alleged with certainty that it was petitioner, who had kept the liquor in the house or the liquor kept in the house was within her knowledge and she came to be implicated based on secret information, which is the easiest way to implicate someone, when petitioner admittedly is a person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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.500/- (Rupees five hundred) 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 Baikunthpur P.S. Case No.85/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is
Patna High Court CR. MISC. No.39194 of 2024(2) dt.28-06-2024 3/3 found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) amit/- U T