Suman Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60062 of 2022 Arising Out of PS. Case No.-296 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== SUMAN DEVI W/O JAIKANT RAI Resident of village- Sukimarpur, P.S.- Raghupur, District- Vaishali, At present Baglodan Gali, P.S.- Chowk, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32, 41(1) and 41(2) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of ten cases and allegation is of recovery of 216 litres of liquor from a plain khakhi cartoon, 278.625 litres of khakhi egg cartoon, thus 494.625 litres of liquor was recovered from the house of Jaikant Rai. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next

Patna High Court CR. MISC. No.60062 of 2022(2) dt.16-11-2022 2/2 submitted that she is second wife of Jaikant Rai and the house from which the alleged liquor was recovered is in the name of the first wife of Jaikant Rai, where she does stay, thus police in a mechanical manner implicated the petitioner.

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 his 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. 25,000/- (Rupees Twenty-Five 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 Chowk P.S. Case No. 296 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T