Champa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73380 of 2018 Arising Out of PS. Case No.-225 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== Champa Devi W/o Jata Sahni Resident of Village-Akauna, P.S.-Chiraiya, District-East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Respondent/s :

Mr.Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-01-2019 The petitioner seeks bail in anticipation of her arrest in connection with Chiraiya P.S. Case No. 225 of 2018 dated 17.06.2018 instituted for the offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. From the F.I.R, it appears that a secret information was received by the Police Party that in the mango orchard of one Shambhu Singh, one Deochand Singh has stored liquor for the purposes of selling it in an unauthorized manner. While returning from the aforesaid raid, the Police Party further received information that the petitioner is selling liquor from her shop. Though nothing was recovered

Patna High Court Cr.Misc. No.73380 of 2018(3) dt.15-01-2019 2/3 from her shop but from the Puja Ghar of the petitioner, 2.5 litres of liquor stored in two bottles were recovered. The learned counsel for the petitioner has submitted that petitioner earns her livelihood by selling eggs and other eatables in the village. Only because there was some protest against the Police Party raiding the houses of the villagers, that the petitioner also has been made accused in this case. Had the petitioner been present at the time of occurrence selling liquor, she would surely have been arrested.

Regard being had to the aforesaid facts as also taking into account that petitioner is a lady who does not have any criminal antecedents, the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on her furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran in connection with Chiraiya P.S. Case No. 225 of

Patna High Court Cr.Misc. No.73380 of 2018(3) dt.15-01-2019 3/3 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T