Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83093 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.

Sunita Devi W/O Hemlal Paswan @ Memlal Paswan R/O Village- Kothia, P.S- Bhairavsthan, Distt.- Madhubani.

2.

Manju Devi W/O Charitar Paswan R/O Village- Kothia, P.S- Bhairavsthan, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and Mr. Pronoti Singh, learned APP for the State.

2. The instant application for anticipatory bail have been filed by the petitioners apprehending their arrest in connection with Bhairavsthan P.S. Case No. 99/2024 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that these petitioners fled away seeing the police after that a hut was being searched and from that hut 14 liters of country-made liquor and 13 liter of solution of water and jaggery was recovered. Co-villagers disclosed the name of these petitioners.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.83093 of 2024(2) dt.11-12-2024 2/2 petitioner submitted that petitioner is innocent and has committed no offence. From the perusal of the seizure list, it is clear that seizure has been made from the hut which was near school. Learned counsel for the petitioners have submitted that nothing have been recovered from these petitioners. Petitioners are lady and having no criminal antecedent.

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

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 petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bhairavsthan P.S. Case No. 99/2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) on each of them with two sureties of the like amount each to the satisfaction of learned the Special Judge, Excise Act, Jhanjharpur, Madhubani, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) krishnakant/- U T