Patna High CourtCR. MISC./60484/2024bail granted

Sarita Devi v. The State Of Bihar

2024-08-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60484 of 2024 Arising Out of PS. Case No.-419 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Sarita Devi Wife of Gopal Mahto @ Gopal Mandal Resident of Village - Dharmraychak, Ward No. 6, P.S.- Lakhisarai District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Lakhisarai P.S. Case No. 419 of 2024, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 15 liters liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submitted that the petitioner is lady and the liquor was recovered from the joint house of the petitioner where other

Patna High Court CR. MISC. No.60484 of 2024(2) dt.23-08-2024 2/2 family members also reside. The petitioner was not present at the place of occurrence and her husband was arrested on spot. The petitioner has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six 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 Court below/concerned Court in connection with Lakhisarai P.S. Case No. 419 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T