Mamta Devi @ Mamta Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59138 of 2022 Arising Out of PS. Case No.-472 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== MAMTA DEVI @ MAMTA KUMARI Wife of Dharmendra Kumar R/VMusarshabda, P.S- Mohanpur, dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Ritika Rani, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 16.945 litres of liquor from the house of petitioner and Dharmendra Kumar.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is also submitted that the house from where the alleged recovery was made is a joint family property as such it cannot be alleged with
Patna High Court CR. MISC. No.59138 of 2022(2) dt.10-11-2022 2/2 certainty that it was the petitioner who had kept the liquor or was even aware that liquor was in the house.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barachatty P.S. Case No. 472 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T