Lalpari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43118 of 2022 Arising Out of PS. Case No.-136 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Lalpari Devi, W/O Rakesh Rai R/O Village- Chakhaji, P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the allegation is of recovery of 1.5 litres of liquor from the house of Rakesh Rai.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is next submitted that petitioner being wife of Rakesh Rai came to be implicated, which shows how police in a mechanical manner implicates

Patna High Court CR. MISC. No.43118 of 2022(2) dt.30-08-2022 2/2 woman for whose benefit, the present prohibition law was made.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bochahan P. S. Case No.136 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T