Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55092 of 2023 Arising Out of PS. Case No.-237 Year-2023 Thana- ALOULI District- Khagaria ====================================================== KAVITA DEVI WIFE OF AWADHESH MUKHIYA @ AWADHESH KUMAR RESIDENT OF VILLAGE - BUDHAURA, PARAS TOLA, WARD NO.9, P.S. - BAHADURPUR (ALAULI), DISTRICT - KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Ramakant Akela For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2023 Heard the parties.

2. Petitioner apprehends her arrest in connection with Alauli PS Case No. 237/2023 dated 30.05.2023 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act, 2018.

3. The police recovered 5 litres of illicit liquor from a hut made of asbestos said to be the part of the house of Awadhesh Mukhiya.

4. Learned counsel for the petitioner submits that the petitioner is a woman of clean antecedent and she has falsely been implicated in this case on the basis of statement made by the local Chaukidar. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession

Patna High Court CR. MISC. No.55092 of 2023(2) dt.25-08-2023 2/2 of the petitioner and she has not been arrested on the spot.

5. Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and her name has been disclosed by the local Chaukidar, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, KAVITA DEVI be released on anticipatory bail in the event of arrest or surrender within six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Thakur Aman Kumar, learned Exclusive Special Excise Judge- 1st , Khagaria in connection with Alauli PS Case No. 237/2023, subject to the condition as laid down under Section 438(2) of the CrPC.

(Anil Kumar Sinha, J) perwez U T