The Patna High Court granted anticipatory bail to the petitioner, a woman accused of liquor offense, subject to conditions regarding bond submission within twelve weeks of arrest or surrender.
Petitioner released on anticipatory bail on her personal bond, to furnish bail bond within 12 weeks of arrest/surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22738 of 2021
Arising Out of PS. Case No.-346 Year-2020 Thana- DUMRA District- Sitamarhi
======================================================
KAUSHALYA DEVI @ KANTI DEVI, aged about 40 years, Female, Wife of Munna Raut, Resident of Village- Mohan Dih, P.S.- Dumra, DistrictSitamarhi.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Hans Lal Kumar, Advocate. For the Opposite Party : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 05-07-2021
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.
Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.
The petitioner is apprehending her arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 59.625 liters wine, 5 liters spirit, 300 ml. colour (chemical), alongwith caps and stickers are said to have been recovered from the joint house of the petitioner.
It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.22738 of 2021(2) dt.05-07-2021 2/3
petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 59.625 liters wine, 5 liters spirit, 300 ml. colour (chemical) alongwith caps and stickers are recovered from the joint house of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.
Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of the learned Additional District & Sessions Judge-II-cum-Special Judge, (Excise), Sitamarhi, in connection with Dumra P.S. Case No. 346/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.22738 of 2021(2) dt.05-07-2021 3/3
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
U.K./- U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
2 provisions across 2 enactments
Kaushalya Devi @ Kanti Devi
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
