Kabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72097 of 2021 Arising Out of PS. Case No.-355 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== KABITA DEVI W/o Anil Das Resident of Village - Karna Ward No.4, P.s.- Parbatta, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2022 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a lady with clean antecedent and allegation is of recovery of 102.750 litres of liquor beneath the bed in the hut of the petitioner.

Learned counsel for the petitioner submits that admittedly the petitioner was not apprehended from the place of occurrence as such nothing was recovered from her conscious possession. It is next submitted that the petitioner is staying in her own house and the said hut belongs to the family of the

Patna High Court CR. MISC. No.72097 of 2021(3) dt.28-06-2022 2/2 petitioner where no one stays and is in a deplorable condition and as such it appears that some miscreants knowing that no one stays in the hut misused the same for illegal purposes. 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 and the fact that the petitioner is a lady having clean antecedent, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parbatta P.S. Case No. 355 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T