Patna High CourtCR. MISC./6066/2024bail granted

Bebi Devi v. The State Of Bihar

2024-02-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6066 of 2024 Arising Out of PS. Case No.-640 Year-2023 Thana- Excise P.S. District- Bhojpur ====================================================== Bebi Devi, W/O Rajendra Yadav @ Rajendra Kumar Yadav Resident Of Village- Karja, P.S- Bihiya, District- Bhojpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

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

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the allegation is of recovery of 30 litres of liquor from a motorcycle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is further submitted that petitioner was completely unaware that her friend Rohit Kumar, who had taken the motorcycle, would misuse the

Patna High Court CR. MISC. No.6066 of 2024(2) dt.16-02-2024 2/2 vehicle in the manner as alleged as he was also arrested from the spot. It is thus submitted that police investigates the case in mechanical manner and implicates.

5. Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of Sri Arun Kumar Sharma, Exclusive Special Excise Judge, Bhojpur at Ara the learned in connection with Excise Sadar P. S. Case No.640 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T