Neelam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78361 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== NEELAM DEVI Wife of Bhola Yadav Resident of Village - Lakhpat Bigha, P.S.- Govindpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-12-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Informant who is the police officer in his written report has stated that on 30.07.2015 at about 10:30 pm he received a confidential information that petitioner is selling illicit liquor on the road and on receiving such information he reached the place of occurrence and on seeing the police party one lady managed to escape. The Chowkidar informed that said female is Neelam Devi and from two plastic gallons 30 litres of illicit country made liquor was recovered and seized. It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case at the

Patna High Court CR. MISC. No.78361 of 2019(2) dt.02-12-2019 2/2 instance of Chowkidar and nothing has been recovered from her conscious possession or from her house. She has not been apprehended at the spot as such no criminal offence under Excise Act is made out. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above in the event of his/her arrest or surrender before the court below within a period of four weeks, be released on anticipatory bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Govindpur P.S. Case No. 136 of 2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(S. Kumar, J) ranjan/- U