This single judge order grants anticipatory bail to the petitioner in a prosecution under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, after recording that the seizure occurred outside her home.
The petitioner shall be released on anticipatory bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32352 of 2022
Arising Out of PS. Case No.-21 Year-2022 Thana- SAKURABAD District- Jehanabad
======================================================
SUGIYA DEVI W/o Late Sailesh Manjhi Resident of Village- Kansua, Ramse Bigha, P.S.- Shakurabad, District- Jehanabad.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjay Kumar Singh,Advocate For the Opposite Party/s : Mr.Sucheta Yadav,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-01-2023
Heard learned counsel for the petitioner and learned
APP for the State through video conferencing in view of the COVID 19.
The petitioner apprehends her arrest in connection with Shakurabad P.S. Case No. 21 of 2022 for the offence registered under Section 30(a) of Bihar Prohibition and the Excise Act, 2018.
As per the prosecution story, the police raided the respective houses of the accused persons and the allegation is that from outside the house of the petitioner, 15 litres countrymade wine was recovered. Accordingly, she was made an accused.
Learned counsel for the petitioner submits that the recovery/seizure is not from her house, she do not have any
Patna High Court CR. MISC. No.32352 of 2022(3) dt.06-01-2023 2/2
criminal antecedent and some of the similarly placed coaccuseds have since been released on bail (Annexure 2 to the present petition).
Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
Taking into account the fact that she is a lady, the recovery/seizure is outside of her home and some other have been released on anticipatory bail, as stated in Annexure 2, this Court is inclined to grant her anticipatory bail.
Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Jehanabad in connection with Sakurabad P.S. Case No. 21 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Rajiv Roy, J)
Jagdish/Neha/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in a case involving recovery of countrymade wine outside her residence.
2 provisions across 2 enactments
Sugiya Devi W/o Late Sailesh Manjhi
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
