Ramkaliya Devi @ Shiv Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62686 of 2022 Arising Out of PS. Case No.-220 Year-2022 Thana- BARH District- Patna ====================================================== 1.

RAMKALIYA DEVI @ SHIV KUMARI DEVI Wife of Bachhu Mahto Resident of Bind Toli Purani Barh, P.S.- Barh, District - Patna 2.

Bachhu Mahto @ Pachu Mahto @ Kapil Mahto Son of Late Pavitra Mahto Resident of Bind Toli Purani Barh, P.S.- Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.1 is a woman and allegation is of recovery of 40 litres of liquor from a Bush at Bind Toli.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next

Patna High Court CR. MISC. No.62686 of 2022(2) dt.25-11-2022 2/2 submitted that even the alleged recovery is from a place which does not belong to the petitioners and the petitioners came to be implicated at the instance of local people which appears to be fictitious as the FIR does not disclose the name of the person who implicated the petitioners in the present case falsely. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barh P.S. Case No. 220 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T