Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43190 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== PRAMILA DEVI W/O BAHADUR SAHNI R/O VILLAGE- KOILI, WARD NO. 1, P.S- NANPUR, DISTT.- SITAMARHI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Nanpur P.S. Case No.65 of 2024.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a women and allegation is of recovery of 36 liters of liquor from the field of the petitioner.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from her conscious

Patna High Court CR. MISC. No.43190 of 2024(2) dt.05-07-2024 2/3 possession. It is also submitted that no prudent person would use his own field for committing an occurrence and thus would create evidence against herself and hence would get implicated. It is next submitted field is a place which is accessible to public at large and it appears that someone inimical to the family planted meagre amount of liquor in order to implicate the petitioner and her family members at the instance of 'Chowkidar'.

5. The learned APP for the State opposes the anticipatory bail application.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Excise, Court No.2, Sitamarhi in connection with Nanpur P.S. Case No.65 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the

Patna High Court CR. MISC. No.43190 of 2024(2) dt.05-07-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T