Mamta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56566 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== Mamta Devi, aged about 28 years, Male, W/O Surya Manjhi Resident of Village-Manpur, Surya Pokhar, P.S- Buniyadganj, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Asgher Najmi, Advocate For the State :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Buniyadganj P.S. Case No. 114 of 2023 dated 02.04.2023 instituted under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, there is recovery of 10 litres illicit country made Mahua liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner and the said recovery is done from the joint family house and the petitioner is not
Patna High Court CR. MISC. No.56566 of 2023(2) dt.28-08-2023 2/2 concerned with the said recovered Mahua liquor. She has one criminal antecedent in which she is on bail.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Gaya in Buniyadganj P.S. Case No. 114 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) P. Kumar U T