Patna High CourtCR. MISC./64022/2021bail granted

Lukhiya Devi @ Anju Devi v. The State Of Bihar

2021-12-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64022 of 2021 Arising Out of PS. Case No.-330 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== LUKHIYA DEVI @ ANJU DEVI W/o Late Bhola Ram Resident of Village - Jhoparipatti, P.S.- Kadamkuan, Distt.- Patna (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending her arrest in connection with Kadamkuan P.S. case No.330/2020 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 20 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.64022 of 2021(2) dt.14-12-2021 2/2 case. The name of the petitioner has transpired in this case as the alleged recovery is made from the hut belonging to the joint family of the petitioner. It is alleged that 20 liters wine is recovered from the hut belonging to the joint family of the petitioner. The petitioner is a lady. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Kadamkuan P.S. case No.330/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.