Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58361 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- SIKRAUL District- Buxar ====================================================== Kiran Devi Wife of Dhanji Bind @ Dhanji Chaudhary @ Dhan Ji Kumar Resident of Village - Niyazipur, P.S. - Sikraol, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Sikraol P.S. Case No. 46/2024 lodged on 05.04.2024 for offences punishable under Section 30(a)/30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2002.

3. As per the prosecution story F.I.R has been lodged against four named accused persons with an allegation that all the accused persons were involved in making of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner is the wife of the co-accused and the petitioner is the lady and she is the daughter-in-law of the family. In this case, petitioner along with the family members

Patna High Court CR. MISC. No.58361 of 2024(2) dt.07-08-2024 2/2 has been made accused. Counsel submits that total recovery is of 15 litre. Though from the F.I.R. itself, it is clear that the said recovery has not been made from the possession of the petitioner rather it has been made from an open field. He further submits that petitioner has clean antecedents. He further submits that the co-accused has been granted regular bail by the coordinate Bench of this Court vide order dated 31.07.2024 passed in Cr.Misc. No. 53026 of 2024.

5. Learned APP for the State opposes the prayer for bail .

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest of surrender before the learned Court below on furnishing bail bond of Rs. 30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No. 2, Buxar subject to the condition as laid down under Section 438(2) Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U