Leela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90260 of 2024 Arising Out of PS. Case No.-76 Year-2021 Thana- GAURICHAK District- Patna ====================================================== Leela Devi, W/o Mirchan Manjhi, R/O Vill- Chipura Kala Musahari, P.S.- Gaurichak, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shovendra Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Gaurichak P.S. Case No. 76 of 2021 dated 28.03.2021 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of total 80 litres country made liquor near Pani Tanki situated at village Chipura Kalan Mushari.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession of the petitioner or from his house. Learned counsel for the petitioner submits that only

Patna High Court CR. MISC. No.90260 of 2024(3) dt.19-04-2025 2/2 on the basis of disclosure made by the villagers, the petitioner has been made accused in this case. The said recovery has been made from the open place. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Gaurichak P.S. Case No. 76 of 2021, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise) Patna City, Patna subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T