Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47266 of 2024 Arising Out of PS. Case No.-242 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Gita Devi Wife of Ravi Yadav Resident of Village- Ahirpurwa, P.S.- Ara Town, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-08-2024 Heard Mr. Akash Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Bishweshwar Ram, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Ara Town P.S. Case No. 242 of 2024 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act.

3. Allegation is of recovery of 5 litres of country made liquor from back side of the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. She has no concern either with the seized liquor or trade of liquor in any manner. The place of recovery is back side of the house of the petitioner

Patna High Court CR. MISC. No.47266 of 2024(2) dt.07-08-2024 2/2 which is an open place and accessible to anyone. The petitioner is a lady having clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Bhojpur, Ara in connection with Ara Town P.S. Case No. 242 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J.) Sudhanshu/- U T