Patna High CourtCR. MISC./72730/2023bail granted

Shobha Devi v. The State Of Bihar

2023-11-09Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72730 of 2023 Arising Out of PS. Case No.-220 Year-2023 Thana- DHORAIYA District- Banka ====================================================== Shobha Devi Wife Of Kartik Choudhary Resident Of Village- Assi, Police Station- Dhoraiya, District -BANKA ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Dhoraiya P.S. Case No. 220 of 2023 dated 05.08.2023, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The allegation is of recovery of 10 litres illicit country made liquor from behind the house of Kartik Choudhary.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that petitioner is the wife of Kartik Choudhary. It is next submitted that nothing has been recovered either from the conscious possession of the petitioner or from

Patna High Court CR. MISC. No.72730 of 2023(2) dt.09-11-2023 2/2 the house of petitioner. The said illicit liquor has been recovered from behind of the house of the petitioner's husband. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Dhoraiya P.S. Case No. 220 of 2023, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Banka, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T