Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65041 of 2022 Arising Out of PS. Case No.-167 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== Sharda Devi Wife Of Ranjit Ram @ Sanjit Kumar Ram @ Sanjit Kumar R/O Ward No. 10, Vill.- Birhima, P.O.- Birhima Bazar, Gokhola, Muzaffarpur, Birhima Bazar, P.S.- Baruraj, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in a case punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 2 litres of illicit spirit from the joint house of Tildhari Ram and the petitioner. One persons was apprehended from spot who disclosed his name as Tildhari Ram. The apprehended person disclosed the name of petitioner as a person who fled away from the place of occurrence.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.65041 of 2022(2) dt.02-12-2022 2/2 has submitted that petitioner is innocent and has committed no offence. She has got no criminal antecedent. The place of recovery is in market area where petitioner and her family resides. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Considering the facts and circumstances of the case and considering the fact that meagre quantity of liquor is recovered , this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Baruraj P.S. Case no. 167 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. II, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T