Guriya Devi @ Gudiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61675 of 2023 Arising Out of PS. Case No.-322 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== Guriya Devi @ Gudiya Devi Wife of Rambilash Chaudhari R/o vill - Budhauli, P.S. - Pakribarawan, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Birendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Damodar Prasad Tiwary, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Pakribarawan P.S.Case No.322 of 2023, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Prosecution story is that total 05 ltrs. of countymade liquor was recovered from the back portion of the house of the petitioner kept in a plastic dabba but the petitioner fled away from the place of occurrence.

4. The learned counsel appearing on behalf of the petitioner submits that nothing has been recovered from the house of the petitioner rather the recovery of the liquor is from

Patna High Court CR. MISC. No.61675 of 2023(2) dt.16-10-2023 2/2 the abandoned place situated behind the house of the petitioner. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions of the parties, the petitioner is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned learned Exclusive Special Excise Judge Ist, Nawada in connection with Pakribarawan P.S.Case No.322 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force. (Purnendu Singh, J) chn/- U