Kari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1252 of 2025 Arising Out of PS. Case No.-349 Year-2024 Thana- DEEPNAGAR District- Nalanda ====================================================== KARI DEVI W/O SHAMBHU KEWAT RESIDENT OF VILLAGECHAKDILAWAR, P.S.- DEEPNAGAR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Sinha For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-02-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and is a woman and allegation is of recovery of 15 liters of liquor from an open hut.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and even the alleged recovery is from a hut which does not belong to the petitioner and is accessible to villagers at large and she came to be implicated based on secret information which is the easiest way to implicate someone.

5. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.1252 of 2025(2) dt.05-02-2025 2/2 anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Deepnagar P.S. Case No. 349 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has more than one antecedent in that event the provisional anticipatory bail order shall not be confirmed, but after verification it is found that petitioner has antecedent of one case only in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Rishabh/- U T