Sukhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79738 of 2024 Arising Out of PS. Case No.-111 Year-2024 Thana- AIRPORT District- Patna ====================================================== Sukhiya Devi, Wife of Late Amrendra Manjhi, Resident of village- Jagdeo Path, Musahari, P.S.- Hawai Adda, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and Mr. Upendra Kumar, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Hawai Adda P.S. Case No. 111 of 2024 (Special Case No. 1066/2024) instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution is that from a teen shed house, altogether 20 liters of country made liquor was recovered. It was disclosed that the house belongs to the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has falsely been implicated in this

Patna High Court CR. MISC. No.79738 of 2024(2) dt.28-11-2024 2/2 case. Nothing has been recovered from her conscious possession. It is further submitted by learned counsel for the petitioner that petitioner is widow having three children. At the time of seizure she was not present at the house, which is clear from the F.I.R. She is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Hawai Adda P.S. Case No. 111 of 2024 (Special Case No.1066 of 2024), she will 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 Act, Court No. I, Patna, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T