Neelam Devi @ Leelam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79232 of 2024 Arising Out of PS. Case No.-219 Year-2024 Thana- PANDARAK District- Patna ====================================================== Neelam Devi @ Leelam Devi Wife of Manoj Chaudhary Resident of VillageSamsipur, P.S.- Pandarak, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Pandarak P.S. Case no. 219 of 2024 instituted for the offence under Sections 30 (a) of the Bihar Excise Prohibition Act.

3. The case of the prosecution is that altogether 13 liters of countrymade liquor was recovered from the house of Manoj Chaudhary who is husband of the petitioner. Manoj Chaudhary was apprehended but this petitioner was not arrested on the spot. Accordingly, the FIR.

Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.79232 of 2024(2) dt.02-12-2024 2/2 connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner nor she was apprehended on the spot. Further submission is that the petitioner has no criminal antecedent. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

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 Pandarak P.S. Case no. 219 of 2024, he 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, Barh, Patna, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T