Laxminiya Devi @ Laxmaniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52506 of 2022 Arising Out of PS. Case No.-286 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Laxminiya Devi @ Laxmaniya Devi Wife of Panjabi Manjhi @ Jitendra Manjhi R/o Nadaul Musahri, P.S. - Masaurhi, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd. Singh For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 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 Masaurhi P.S. Case no. 286 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 25 liters illicit country made liquor from place of Nadaul Mushari. 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. The so called recovery of wine is from open land and the petitioner has no concern with the alleged recovery of illicit wine or with the

Patna High Court CR. MISC. No.52506 of 2022(2) dt.15-11-2022 2/2 place of occurrence. The name of the petitioner came into light on secret information given by the local Chaukidar. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from her conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, 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 Masaurhi P.S. Case no. 286 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 Excise, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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