Lalita Devi @ Lalti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42255 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- PALI District- Jehanabad ====================================================== 1.

LALITA DEVI @ LALTI DEVI Wife of Naresh Manjhi, Resident of Village - Kako Pali @ Pali Bazar, P.S.- Pali, Distt - Jehanabad. 2.

Naresh Manjhi Son of Yamun Manjhi Resident of Village - Kako Pali @ Pali Bazar, P.S.- Pali, Distt - Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Excise Case No.320 of 2019, arising out of Pali P.S. Case No.31 of 2019, registered under Sections 30(a), 30(d) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

The accusation is of recovery of five liters country made liquor from the house of the petitioner no.2. Learned counsel for the petitioner submits that the petitioner no.1 is the wife of the petitioner no.2 and both were not present at the time of search of the house and the seizure of 5 liters country made liquor from there. The petitioner no.1, who is lady and the wife of the petitioner no.2, had no knowledge about keeping of

Patna High Court CR. MISC. No.42255 of 2019(2) dt.09-07-2019 2/2 the country made liquor in the house by the petitioner no.2. Having considered the facts and the circumstances of the case, let the petitioner no.1, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Jehanabad, in connection with Excise Case No.320 of 2019, arising out of Pali P.S. Case No.31 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. So far as the petitioner no.2 is concerned, I am not inclined to grant the privilege of pre-arrest bail to the petitioner no.2, above named. Accordingly, his prayer for grant of privilege of prearrest bail stands rejected. However, he is directed to surrender before the trial court and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

Accordingly, this application stands disposed of. (Rajendra Kumar Mishra, J) P.S./- U T