Bulbul Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.505 of 2020 Arising Out of PS. Case No.-335 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== BULBUL DEVI Wife of Devendra Singh @ Devo Resident of Village - Madhurapur, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Teghra P.S. Case No. 335 of 2019, registered under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of checking of the vehicle one person was seen on motorcycle. On giving the signal to stop the motorcycle, that person started to flee away, but, on chase, he was apprehended, who disclosed his name Devendra Singh, @ Debo. On search of motorcycle, two bottles, one of 750 ml and other of 675 ml of Indian made foreign liquor recovered.

Submission is that in fact, the motorcycle, which was

Patna High Court CR. MISC. No.505 of 2020(2) dt.03-02-2020 2/2 in the name of the petitioner, was being driven by her husband, Devendra Singh @ Debo, and she has no knowledge that her husband was carrying the bottles of liquor keeping in the motorcycle. More over, Devendra Singh @ Debo was apprehended by the police on spot, petitioner, who is lady, has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Teghra P.S. Case No. 335 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Excise, Begusarai, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T