Arhul Devi @ Arahul Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49674 of 2024 Arising Out of PS. Case No.-127 Year-2024 Thana- CHHATAPUR District- Supaul ====================================================== Arhul Devi @ Arahul Devi, W/o - Surendra Kumar @ Surendar Sardar, R/o Village- Madhopur Ward No.4, P.S.- Chhatapur, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :
Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest in connection with Chattapur P.S. Case No. 127 of 2024/ST Ex No. 437 of 2024 registered for the offences punishable under Section 30 (A) of the Bihar Prohibition & Excise Act, 2018.
3. As per the prosecution case, on a secret information police conducted raid at the house of co-accused Baleshwar Sardar, from house total 30 litres of illicit country made wine was recovered and thereafter during further search 20 litres of country made wine was recovered from the kitchen of the petitioner.
Patna High Court CR. MISC. No.49674 of 2024(2) dt.14-08-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that co-accused Baleshwar Sardar is the brother-in-law of the petitioner and having some dispute with the petitioner and on his instance, the petitioner has been made accused in this case. Petitioner is a lady having no knowledge about the seized wine, neither she nor her family member was present at the time of search on the spot. Petitioner has no criminal antecedent. Petitioner undertakes to co-operate in the investigation and trial of this case.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Chattapur P.S. Case No. 127 of 2024 / ST Ex. No. 437 / 2024,
Patna High Court CR. MISC. No.49674 of 2024(2) dt.14-08-2024 3/3 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Sunil Dutta Mishra, J) khushbu/- U T