Margamay Boshra @ Marangmay Bosra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46584 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- TARABARI District- Araria ====================================================== MARGAMAY BOSHRA @ MARANGMAY BOSRA, Wife of Doman Soren @ Pandit, Resident of Village - Sharanpur, Ward No. 01, Santhali Tola, P.S. - Tarabari, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-07-2019 The petitioner apprehends his arrest in connection with Tarabari P.S.Case No. 52 of 2019 registered under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act (hereinafter referred to as the 'Act').

Allegation against the petitioner, as per FIR, is that the police, upon information, raided the house of the petitioner and others and recovered 08 litres illicit liquor and one litre jaggery mixed with water made for preparation of liquor. Learned counsel for the petitioner submits that petitioner is innocent and from perusal of FIR, it would be evident that house of Doman Soren was raided by the police whereas petitioner is wife of Domen Soren. He further submits that entire family of the petitioner, including her son, have been

Patna High Court CR. MISC. No.46584 of 2019(2) dt.29-07-2019 2/2 implicated in this case. Learned counsel further submits that admittedly the house belongs to Domen Soren, as per the seizure list, and the petitioner is wife of Doman Soren, accordingly, no prima facie case under the Act is made out against the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that illicit liquor has been recovered from the possession of Doman Soren, as would be evident from the seizure list, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cumSpecial Judge, Araria, in connection with Tarabari P.S.Case No. 52 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T