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Patna High CourtCR. MISC./4208/2022allowed

Tara Devi v. The State Of Bihar

2022-07-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4208 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- RUPAULI District- Purnia ====================================================== TARA DEVI W/O MANGAL YADAV R/o- Pothia, P.S.- Falka (Pothia), Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends her arrest in a case registered for the offence punishable under section 7, Essential Commodity Act.

Allegedly, on secret information, a government rice loaded vehicle was seized and after seeing the police, the driver fled away from the spot. It is alleged that petitioner is the owner of the said vehicle.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She

Patna High Court CR. MISC. No.4208 of 2022(2) dt.14-07-2022 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. She is only the owner of the vehicle and she has no concern with the items recovered. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and materials available on record, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Rupauli P.S. Case No. 134 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T