Bharti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31534 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== Bharti Devi, wife of Sri Sandeep Sah, resident of village - Dhumnagar, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Abhishek Kumar, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-07-2018 Heard Sri Abhishek Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is a lady, apprehending her arrest in connection with Shikarpur P.S. Case No. 90 of 2018 , registered for offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 , has prayed for grant of bail in the event of her arrest or surrender.

Learned counsel for the petitioner at the very outset has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. It has also been argued that in this case recovery of about 1 liter of country made liquor was shown from a house showing as if it was house of petitioner, whereas, petitioner is a married lady and she was not having any knowledge regarding

Patna High Court Cr.Misc. No.31534 of 2018(3) dt.03-07-2018 2/2 the said liquor.

Be that as it may, considering the nature of accusation and clean antecedent of the petitioner as well as the fact that petitioner is a lady, in the event of her arrest or surrender within a period of six weeks from today, let petitioner Bharti Devi be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge , Excise, West Champaran at Bettiah / concerned court in connection with Shikarpur P.S. Case No. 90 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T