Gayatri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80624 of 2024 Arising Out of PS. Case No.-635 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Gayatri devi, Wife of Late Gopal Singh, Village- Ramabandh Girjapur, PsAurangabad Town, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Aurangabad Town P.S. Case No.635 of 2024 instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 10.08 litres of illicit liquor was recovered from below water canal adjacent to eastern side of house of the petitioner. The allegation against the petitioner is that she fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the alleged illicit liquor was recovered from eastern portion of the water canal of the house

Patna High Court CR. MISC. No.80624 of 2024(2) dt.04-12-2024 2/2 of the petitioner but the petitioner has no concern with the alleged seized liquor. No incriminating materials have been recovered from the conscious possession of the petitioner. The petitioner was not present at the place of occurrence. The petitioner is a woman having no criminal antecedent and she undertakes to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge, Excise Court No.-01, Aurangabad / Concerned Court in connection with Aurangabad Town P.S. Case No.635 of 2024, subject to the conditions laid down in Section 482(2) of Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.)- 2023.

(Sunil Dutta Mishra, J) ashishkr/- U T