Radhika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82835 of 2024 Arising Out of PS. Case No.-212 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== Radhika Devi W/o- Late Rajesh Chaudhary Resident of Village- Manar, P.SDaudnagar,Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Singh, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 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 Daudnagar P.S. Case no. 212 of 2024 instituted for the offence under Sections 30 (a) of the Bihar Excise and Prohibition Amendment Act.

3. The case of the prosecution is that altogether two liters of country-made liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the petitioner is widow and the house is joint one. From perusal of

Patna High Court CR. MISC. No.82835 of 2024(2) dt.10-12-2024 2/2 the FIR, learned counsel for the petitioner submits that the witnesses are members of raiding party and nothing has been recovered from his conscious possession.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner stating that the petitioner is having criminal antecedent of one case, in which she is on bail.

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 Daudnagar P.S. Case no. 212 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 Court No. -II, Aurangabad, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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