Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73810 of 2024 Arising Out of PS. Case No.-444 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Meena Devi, aged about 65 years (Female), Son of Late Surendra Prasad, Resident of village -44 Number Bala, P.S.- Chapra Muffasil, District -Saran ... ... Petitioner

Versus

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

For the Petitioner :

Mrs. Mili Kumari, Advocate For the Opposite Party :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with Chapra (Muffasil) P.S. Case No. 444 of 2024 dated 25.07.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 150 litres of illicit liquor kept in three sacks was recovered near Dhala No. 44.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner was

Patna High Court CR. MISC. No.73810 of 2024(2) dt.23-10-2024 2/2 not apprehended at the place of occurrence. She has no concern with the alleged offence. It is further submitted that from bare perusal of the F.I.R. as well as the seizure list, it appears that the place of recovery is an open place. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

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

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of her arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Exclusive Special Excise Judge, Saran at Chapra, in connection with Chapra (Muffasil) P.S. Case No. 444 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T