Nanki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73849 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- Excise P.S. District- Madhepura ====================================================== Nanki Devi wife of Hira Yadav Resident of village-Parariya ward no 03 P sBharrahi District -Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== 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 grant of anticipatory bail apprehending her arrest in connection with Madhepura Excise P.S. Case no.154 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per allegation in the F.I.R, it is stated that while the petitioner threw the bag containing about 2 litres of cough syrup, her husband was arrested. On inquiry he disclosed that the person who had thrown the bag containing the cough syrup and had managed to escape was his wife ie the petitioner herein.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case as her

Patna High Court CR. MISC. No.73849 of 2024(2) dt.11-11-2024 2/2 husband was illegally confined by the police personnel and no incriminating article has been recovered from her possession. The petitioner who is a lady has no criminal antecedent and undertakes to cooperate in the investigation/trial.

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

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., no incriminating article having been recovered from the petitioner's possession, 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 Madhepura Excise P.S. Case no.154 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 Additional Judge-VII-cum-Special Judge, Excise II, Madhepura.

(Partha Sarthy, J) Bibhash/- U T