Shyampari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43013 of 2024 Arising Out of PS. Case No.-154 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Shyampari Devi W/o Late Sitaram Paswan R/o vill - Bhirkhi, ward no. 25, P.S. - Madhepura, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Excise Case No.154 of 2021 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 04 litres country made chulai liquor and it is alleged that the petitioner threw the said liquor kept in a plastic bag, on seeing the patrolling party.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. The petitioner, who is a lady, was not present on the spot. Nothing has been recovered from possession of the petitioner, however, on the basis of suspicion

Patna High Court CR. MISC. No.43013 of 2024(2) dt.20-07-2024 2/2 her name has surfaced in this case. The petitioner has three criminal antecedents out of which one belongs to Excise Act and in those cases the petitioner is on bail. The petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII-cum-Special Judge, Excise II, Madhepura in connection with Excise Case No.154 of 2021 corresponding to Excise P.S. Case No.375 of 2020-21, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T