Patna High CourtCR. MISC./89385/2024bail granted

Savita Devi v. The State Of Bihar

2025-01-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89385 of 2024 Arising Out of PS. Case No.-228 Year-2024 Thana- SIDHWALIYA District- Gopalganj ====================================================== Savita Devi Wife of Saroj Ram Village- Halwar PS -Sindhwaliya Distt -Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Sundar Kumar For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sindhwaliya Police Station Case No. 228 of 2024, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on 11.08.2024, on secret information, informant along with other police personnel, reached the village Haluwar near house of the petitioner (Savita Devi). On seeing the police party, a woman started running away and managed to escape. Local villagers told the name of the woman who fled away as Savita Devi (petitioner). Upon

Patna High Court CR. MISC. No.89385 of 2024(2) dt.23-01-2025 2/3 search, total 10 liters country made liqure recovered from the backyard of the house of the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. Nothing has been recovered from the conscious possession and/or house of the petitioner. Liquor was recovered from the fire wood kept outside the house of the petitioner. Petitioner is a housewife and she has been made accused due to local village politics.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from a place situated outside the house of the petitioner and the petitioner is not having any criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeXIII-cum-Special Excise Court No. I, Gopalganj, in connection

Patna High Court CR. MISC. No.89385 of 2024(2) dt.23-01-2025 3/3 with Sindhwaliya Police Station Case No. 228 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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