Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84617 of 2019 Arising Out of PS. Case No.-957 Year-2019 Thana- NAWADA District- Nawada ====================================================== MEENA DEVI Wife of Surendra Pasi Resident of Village - Jangnl Beldari Budhaul, P.S.- Nawada Town, Distt - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Nawada Town PS case no. 957 of 2019 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation is regarding recovery of certain quantity of illicit liquor from the house of the co-accused persons namely Chhotelal Chauhan and Rajendra Chauhan. It is further alleged that as far as the petitioner is concerned, she is engaged in the trade of illicit liquor.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, is having a clean antecedent and the fact is that no

Patna High Court CR. MISC. No.84617 of 2019(2) dt.06-01-2020 2/3 recovery has been made either from the possession of the petitioner or from her house, hence the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted. Having regard to the facts and circumstances of the case, this Court is of the opinion that a bare perusal of the F.I.R. and the seizure list would demonstrate that no prima facie case is made out against the petitioner under the provisions of the Bihar Prohibition and Excise Act, 2016, as far as the case of the petitioner for grant of anticipatory bail is concerned. This Court further finds that mere suspicion has been raised against the petitioner of being engaged in the trade of illicit liquor and on the basis of suspicion only, the petitioner has been implicated in the present case.

Considering the aforesaid submissions made by the learned counsel for the petitioner and the materials available on record, I deem it fit and appropriate to direct for release of the petitioner, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge-cum-Special

Patna High Court CR. MISC. No.84617 of 2019(2) dt.06-01-2020 3/3 Judge, Excise, Nawada in connection with Nawada Town PS case no. 957 of 2019, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T