Manju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57346 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Manju Devi W/O Ashish Paswan R/O Vill.- Raiyam, P.S.- Bhairabasthan, District- Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Soban Asghar, Advocate For the Opposite Party/s :
Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in connection with Bhairabasthan P.S. Case No. 58 of 2023 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition & Excise Act.
3. As per the prosecution case, total 10 litres country made liquor was recovered from asbestos house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Petitioner has no concern with the said recovered liquor. There is no recovery from the conscious possession of the petitioner, she was not
Patna High Court CR. MISC. No.57346 of 2023(2) dt.13-09-2023 2/2 present at the place of occurrence. Petitioner has no criminal antecedent. Petitioner is a lady and has no criminal antecedent.
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 their arrest or surrender before the Court below within six weeks from today, the petitioners 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 Special Judge Excise Act, Jhanjharpur in connection with G.R. No. 345 / 2023 arising out of Bhairabasthan P.S. Case No. 58 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) shweta/- U T