Fuljhari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61919 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- PANAPUR District- Saran ====================================================== Fuljhari Devi, Wife Of Chhote Ram, Resident Of Village+ P.O.- Chakiya, P.S.- Panapur, District- Saran At Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Panapur P.S. Case No. 103 of 2022 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 22 litres of illicit country made liquor was recovered from the bathan of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and the alleged recovery is made from the outhouse not belongs to the petitioner. No incriminating article has been recovered from physical or conscious possession of the petitioner. She has not associated with the business of illicit liquor. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.61919 of 2023(2) dt.16-10-2023 2/2

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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 to each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Panapur P.S. Case No. 103 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) khushbu/- U T