Premshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67054 of 2022 Arising Out of PS. Case No.-460 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== PREMSHILA DEVI W/o Mr. Mantun Sahni R/v- Tiswara Halai, P.S.- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended).

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman. Allegation is of recovery of 4 litres of liquor from the Mantun Sahni's house and 8 litres of liquor from Lal Sahni's house.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.67054 of 2022(2) dt.09-12-2022 2/2 recovered from her conscious possession. It is further submitted that petitioner being wife of Mantun Sahni came to be implicated in a mechanical manner as she was also staying in the said house. It is next submitted that the petitioner has been made an accused only based on presumption.

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 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.1,000/- (Rupees One 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 Tajpur P.S. Case No. 460 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T