Lakhpatiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49948 of 2019 Arising Out of PS. Case No.-70 Year-2017 Thana- PIPRAKOTHI District- East Champaran ====================================================== LAKHPATIYA DEVI Wife of late Ram Balak Sahani, Resident of Village - Watganj, P.S.- Piprakothi, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-08-2019 Heard both sides.

The petitioner apprehends her arrest in Piprakothi P.S. case No. 70 of 2017 registered under Section 272, 273 of the IPC and u/s 34 of Bihar Prohibition & Excise Act. The informant got information that petitioner was preparing country made liquor in her house and on such information the informant raided the house of the petitioner and recovered 1 1⁄2 liter of country made liquor. The learned counsel for the petitioner submits that petitioner is a widow and she has got no criminal antecedent. Only 1 1⁄2 liter of country made liquor is said to have been recovered from the house of petitioner.

Taking into consideration the facts aforesaid and the fact that petitioner is a widow and old lady and from her house

Patna High Court CR. MISC. No.49948 of 2019(2) dt.13-08-2019 2/2 only 1 1⁄2 liter country made liquor was recovered, the petitioner, above named, in the event of her arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 5,000/- (rupees five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX-cumSpecial Judge, Excise Act, East Champaran, Motihari in connection with Piprakothi P.S. case No. 70 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T