Gayatri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49080 of 2019 Arising Out of PS. Case No.-220 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== GAYATRI DEVI, aged about 45 years, Female, Wife of Late Raj Kumar Manjhi, Resident of Village-Kewla, P.S-Mohanpur, District-Gaya ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kr. Sinha, Adv.

For the Opposite Party :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Barachatty (Mohanpur) P.S. Case No. 220 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about selling of illicit liquor in village Kobla by the petitioner. The informant, along with other police officials, reached there. On seeing the police party one lady run away while three persons, namely, Kuldip Yadav, Bhola Yadav and Budhan Yadav were caught hold with container, containing 3 liters and 4 liters country made liquor. They also disclosed the name of lady, who succeeded to flee away, as Gayatri Devi, who used to carry liquor from Jharkhand

Patna High Court CR. MISC. No.49080 of 2019(2) dt.06-08-2019 2/2 Learned counsel appearing for the petitioner submits that nothing was recovered from the house of the petitioner nor the petitioner was apprehended on spot, but, with ulterior motive she has been implicated in this case.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Barachatty (Mohanpur) P.S. Case No. 220 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Gaya, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T