Ramawati Devi @ Timli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74917 of 2019 Arising Out of PS. Case No.-221 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Ramawati Devi @ Timli, Wife of Manai Bin Resident of Village - Balia, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends her arrest in connection with Maharajganj P.S. Case No.221 of 2019 registered for the offences punishable under Sections 30(a), 36, 41(1) of Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that police on the basis of secret information proceeded towards the place of occurrence and recovered four litres of illicit liquor kept in a plastic gallon from the parti land of one Birendra Bin. It has further been alleged that at the time of raid by the police, two women and one person fled away from the place of occurrence after throwing gallon containing the liquor in the field.

Patna High Court CR. MISC. No.74917 of 2019(2) dt.18-12-2019 2/3 Learned counsel appearing for the petitioner submits that the petitioner has got no criminal antecedent and has falsely been implicated in this case on the basis of confessional statement of arrested co-accused. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner and the co-accused, namely, Naina Devi, has been granted bail by this Court in Cr. Misc. No.73178 of 2019.

Having regard to the submissions made by the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner and similarly situated co-accused has been granted bail by this Court, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by her, she shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional Sessions Judge-cum-Special Judge Excise, Siwan, in connection with Maharajganj P.S. Case No.221 of

Patna High Court CR. MISC. No.74917 of 2019(2) dt.18-12-2019 3/3 2019, subject to the condition as mentioned under Section 438

(2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T