Anjala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46579 of 2022 Arising Out of PS. Case No.-292 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Anjala Devi W/o Nandlal Chaudhary Resident of Village- Laskara, Amar Singh Asthan, Ward No.01, P.S.- Tajpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivpujan Sahay For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Tajpur P.S. Case no. 292 of 2022 instituted for the offence under Sections 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 2 liters country made liquor in green plastic from the house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit country made liquor. It is further submitted that neither the petitioner was arrested on

Patna High Court CR. MISC. No.46579 of 2022(2) dt.11-11-2022 2/2 spot nor any incriminating article has been recovered from her conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that the place of recovery belongs to the petitioner.

Having heard learned counsel for the parties and considering the fact that the recovery of illicit liquor is meagre in quantity, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Tazpur P.S. Case no. 292 of 2022, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-2 (Excise), Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T