Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55069 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- BISFI District- Madhubani ====================================================== Anita Devi Wife Of Yogendra Sahni Village- Parsauni, Ps- Bisfi Patauna Op, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation in the FIR, total 47.400 liters of illicit Nepali country made liquor has been recovered from a TVS motorcycle bearing registration no.BR32AR-0659 and petitioner is the registered owner of the said motorcycle.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next submits that petitioner is a lady and she has got clean antecedent as stated in para-3 of the petition. He next submits that petitioner is admittedly the owner of the said motorcycle but the fact that said liquor was taken by co-accused Subhash Kumar

Patna High Court CR. MISC. No.55069 of 2024(2) dt.18-01-2025 2/2 Thakur for purchase of medicine, except this, petitioner has no concern with the alleged wine and police on mere suspicion, she has been made accused in this case as stated in para-10 of the petition.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid facts and circumstances of this case as also the fact that petitioner being a lady, let the above named petitioner be released on anticipatory bail, in the event of her arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Bisfi P.S. Case No. 41 of 2024 corresponding to GR No.139 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with condition that petitioner shall present on each and every date before the trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T