Hewanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44018 of 2022 Arising Out of PS. Case No.-213 Year-2022 Thana- NAVINAGAR District- Aurangabad ====================================================== HEWANTI DEVI W/o - Late Pramod Ram R/o Village - Tetariya, P.S.- Navinagar, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a women having clean antecedent and allegation is of recovery of 15 liters of liquor from the bushes beside her egg shop and one litre liquor from the south of under construction school premises.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next submitted that it absolutely does not stand to reason that if

Patna High Court CR. MISC. No.44018 of 2022(2) dt.30-08-2022 2/2 recovery is made from a place which is adjacent to the shop of the petitioner then how a person that too a lady has been made an accused, it is also submitted that though in the F.I.R. it is alleged that local people disclosed the name of the petitioner but name of local people is not disclosed in the F.I.R. 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 her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Navinagar P.S. Case No. 213 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T