Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10874 of 2018 ====================================================== Rita Devi, Wife of Mithilesh Sah, Resident of Village:- Paroria Mohanpur, P.S: Ujiarpur, District- Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Ujiarpur P.S. Case No. 107 of 2017 registered for the offences punishable under Sections 272, 373 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 33.425 liters of illicit liquor from the husband of the petitioner herein and the husband of the petitioner herein is said to have disclosed the name of the petitioner.

The learned counsel for the petitioner submits that in fact the petitioner is the wife of the co-accused person from whom recovery of illicit liquor has been effected, the petitioner has got no role to play in the present case. The petitioner is having a clean

Patna High Court Cr.Misc. No.10874 of 2018 (2) dt.27-02-2018 2/2 antecedent.

Considering the nature of accusation levelled against the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI, Samastipur in connection with Ujiarpur P.S. Case No. 107 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) BTiwary/- U T