Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2601 of 2023 Arising Out of PS. Case No.-373 Year-2022 Thana- FALKA District- Katihar ====================================================== LALITA DEVI W/o Manoj Maraiya R/o Village- Radha Nagar, P.S.- Falka, Distt- Katihar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bimal Kumar, Advocate For the Opposite Party :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Section-30(a) of the Bihar Prohibition and Excise Act, 2018.

The prosecution case, in short, is that 30 liters wine is recovered.

It has been submitted on behalf of the petitioner that that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by local residents. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 30 liters wine is recovered by the side of joint house of the petitioner. The petitioner is a lady. Nothing incriminating has been recovered

Patna High Court CR. MISC. No.2601 of 2023(2) dt.20-04-2023 2/2 from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. The petitioner is a lady. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-cumSpecial Judge, Excise Court No.-II, Katihar in connection with Falka P.S. Case No. 373 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T