Shail Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6811 of 2022 Arising Out of PS. Case No.-14 Year-2021 Thana- BAGENGOLA District- Buxar ====================================================== SHAIL KUMARI DEVI WIFE OF SUBASH SINGH RESIDENT OF VILLAGE- BALDEO SINGH KE TOLA, P.S.- JAGDISHPUR, DISTRICTBHOJPUR (ARA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-07-2022 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 Bagen Gola P.S. Case no. 14 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 15 litres country made liquor from a tempo bearing Registration No. BR03P-8947, which was driven by the son the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has no concern with the alleged recovery. She has

Patna High Court CR. MISC. No.6811 of 2022(2) dt.29-07-2022 2/2 got no criminal antecedent. The alleged vehicle belongs to the petitioner and her son was arrested on spot as he was driving the same. For a single offence, implicating of several members of a family is not just. Neither the petitioner was arrested nor any 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 Bagen Gola P.S. Case no. 14 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 Additional Sessions Judge-II-cumSpecial Judge, Excise, Buxar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U