Gulabi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67953 of 2021 Arising Out of PS. Case No.-406 Year-2021 Thana- KISHANGANJ District- Kishanganj ====================================================== GULABI DEVI Wife of Late Chatru Mukhiya @ Chaitharun Mukhiya Resident of Dheksara Kali Mandir (Tea Garden), P.S.- Kishanganj, DistrictKishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, five liters of country made liquor has been recovered from a plastic bag and coaccused, Basanti Devi, disclosed that the said bag was thrown by this petitioner.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is a lady and

Patna High Court CR. MISC. No.67953 of 2021(2) dt.24-06-2022 2/2 there is no allegation that petitioner was involved in sell and purchase of liquor, therefore, rigours of Section 76 (2) of the Bihar Prohibition and Excise Act does not attract against this petitioner. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Kishanganj in connection with Kishanganj PS case No. 406/2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T