Guddi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1096 of 2022 Arising Out of PS. Case No.-258 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== Guddi Devi, W/o Ram nath Oasi, R/o Vill.- Bahora Tola, P.S. - Manjhagadh, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending her arrest in Manjhagarh P.S. Case No. 258 of 2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is that she used to conceal illegal country made as well as foreign liquor in her field and sell it. On a secret information police recovered 4 litre of country made liquor from the field of Guddi Devi (petitioner).

Patna High Court CR. MISC. No.1096 of 2022(2) dt.14-06-2022 2/3 Learned counsel for the petitioner submits that petitioner is a housewife and she has no concern with the alleged recovery and she has been made accused only on the basis of secret information to the police without any material evidence against her. There is no recovery of illegal liquor made from conscious possession of the petitioner and she has got no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer of anticipatory bail application of the petitioner. Having heard learned counsel for the parties and considering the facts that there is no recovery made from conscious possession of the petitioner and she has no criminal antecedent, as such, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above named, in the event of her arrest/surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Gopalganj in connection with Manjhagarh P.S. Case No. 258 of 2021, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.1096 of 2022(2) dt.14-06-2022 3/3 438(2) of the Code of Criminal Procedure.

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