Punita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48988 of 2022 Arising Out of PS. Case No.-139 Year-2021 Thana- ANDHRATHARHI District- Madhubani ====================================================== PUNITA DEVI WIFE OF BRAHMADEO PASWAN R/O VILLAGEMADNA, TOLE DHOKRA, P.S.- ANDHRATHARHI, DISTRICTMADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Sections 30(a) and 37(c) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a woman having clean antecedent and allegation is of recovery of 8 litres liquor from a place behind the house of Brahamdev Paswan.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession and her name was

Patna High Court CR. MISC. No.48988 of 2022(2) dt.20-09-2022 2/2 disclosed by the local chowkidar with whom she is on an inimical term. Learned counsel further submits that the alleged recovery is from a place behind the house of Brahamdev Paswan who is her husband as such the place is accessible to public at large.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Andhratharhi P.S. Case No. 139 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T