Jatta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6945 of 2022 Arising Out of PS. Case No.-573 Year-2021 Thana- KADAMKUAN District- Patna ====================================================== Jatta Devi W/O Sambhu Pd., Resident Of Mir Gulabi Bagh, Pakki Goraiya, Ranipur, Milki Chak, P.S.- Khajekallan, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Mohan For the Opposite Party/s :

Mr.Kanhaiya Kishore(App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kadamkuan P.S. Case no. 573 of 21 instituted for the offence under Section 30(c) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 45 litres country made wine from the e-rishkaw of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has got no criminal antecedent. She has given the vehicle to her driver on hire basis and she was not aware about loading of wine in her vehicle. She has no concern with the alleged recovery. Neither the petitioner was arrested nor any

Patna High Court CR. MISC. No.6945 of 2022(2) dt.05-08-2022 2/2 incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that petitioner is a lady, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kadamkuan P.S. Case no. 573 of 2021, he will be enlarged 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 learned Special Judge, Excise Act-cum A.D.J.- III, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U