Anita Kunwar @ Shivmunna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73874 of 2024 Arising Out of PS. Case No.-232 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Anita Kunwar @ Shivmunna Devi Wife of Late Gaya Singh R/o VillagePillapur, P.S.- Jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-11-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending her arrest in connection with Jagdishpur P.S. Case no.232 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 13 litres of country liquor was recovered from the house of the petitioner while the petitioner managed to escape.

4. Learned counsel for the petitioner submits that the petitioner who is a 45 year old widow has been falsely implicated in the case for oblique reasons at the instance of the Choukidar. No incriminating article has been recovered from her possession or from her house. The allegations as levelled in the FIR appear to be false in so far as the informant stating that

Patna High Court CR. MISC. No.73874 of 2024(2) dt.11-11-2024 2/2 inspite of the police personnel having conducted raid, the petitioner who is a lady managed to escape. The petitioner has no criminal antecedent and undertakes to cooperate in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the petitioner not having been arrested at the spot and specially the petitioner who is a lady not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Jagdishpur P.S. Case no.232 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court I, Bhojpur at Ara.

(Partha Sarthy, J) Saurabh/- U T