Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 83207 of 2024 Arising Out of PS. Case No.-437 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Sarita Devi, Wife of Shiv Kumar Paswan, Resident of village- Itasang, P.S.- Rahui, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No. I, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and Mr. Sanjay Kumar Sharma, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Rahui P.S. Case No. 437 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from the bank of canal, altogether 33.8 liters of country made liquor was recovered. No one was apprehended. Three persons were identified by the local Chaukidar.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is a lady and she has falsely been implicated in this case. Nothing has been recovered from

Patna High Court CR. MISC. No. 83207 of 2024(2) dt.12-12-2024 2/2 her possession. She is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

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 Rahui P.S. Case No. 437 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 4th Additional District and Sessions Judge-cum-Special Judge, Excise 2nd, Nalanda at Biharsharif, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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