Vinita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38467 of 2022 Arising Out of PS. Case No.-346 Year-2021 Thana- MOKAMAH District- Patna ====================================================== VINITA DEVI W/O YOGENDRA SHARMA Resident of MohallaIndranagar, Ward No.- 4, P.S.- Mokama, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyanendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-09-2022 Since the case has been restored by order dated 28.09.22 in Cr. Misc. No. 50841 of 2022 as such the present anticipatory bail application is being taken up on its merit. 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 30(a), 37(b)(c) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 14 litre of liquor from the house of Dharmendra Sharma.

Learned counsel for the petitioner submits that the petitioner was not present at the place of occurrence as such

Patna High Court CR. MISC. No.38467 of 2022(3) dt.28-09-2022 2/2 nothing was recovered from her conscious possession, it is next submitted that petitioner, being wife of Dharmendra Sharma, has been mechanically implicated by the police when she was completely unaware that the husband had kept liquor in the house as such she was not knowing consciously that liquor is in the house.

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 his 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) each 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 Mokama P.S. Case No. 346 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T