Basanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53349 of 2022 Arising Out of PS. Case No.-414 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Basanti Devi, W/O Sri Gora Mandal @ Amarendra Mandal Resident Of Village- Bishunpura, P.S.- Sherghati, District- Gaya. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(d) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the allegation is of recovery of 30 litres of java mahua kept in a gallon from the house of petitioner from which three litres were kept as sample and rest were destroyed at the spot. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is next submitted that petitioner was completely unaware that liquor was kept in

Patna High Court CR. MISC. No.53349 of 2022(2) dt.14-10-2022 2/2 the house as the house is a joint family property as has been specifically pleaded at Para-8 of the anticipatory bail application.

Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sherghati P. S. Case No.414 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T