Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78772 of 2019 Arising Out of PS. Case No.-323 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== GEETA DEVI Wife of Ramesh Manjhi Resident of Village - Chhotpur, P.S.- Siwan Mufasil, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Kant For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Excise Act.

Informant who is the police officer in his written complaint has stated that he received an information on 19.08.2019 that Ramesh Manjhi is indulged in illicit sale of liquor from his house and on receiving said information he raided his house but no objectionable item could be recovered. However, as he was going out of said house he saw that one lady came out from the Baswari and went in the village gali and on search of said Baswari 10 pieces of 180 ml of foreign liquor was recovered.

Patna High Court CR. MISC. No.78772 of 2019(2) dt.03-12-2019 2/2 It has been submitted on behalf of petitioner that she is innocent and has been falsely implicated in this case without any basis. She was neither apprehended on the spot nor any incriminating material was recovered from her possession and alleged recovery has been made from Baswari which is situated outside her house and no offence under Excise Act is made out against her. She has no criminal antecedent.

Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released 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 the learned court below in connection with Siwan Muffasil P.S. Case No. 323 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T