Jashoda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10399 of 2024 Arising Out of PS. Case No.-529 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Jashoda Devi, W/O Upendra Sah Resident Of Mohania Chakla, Ward No. 4, Ps. Banmankhi, Distt. Purnia.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bidhu Ranjan For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-02-2024

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 864 litres of liquor from a pick-up van.

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 and she came to be implicated based on the fact that she is the owner of the seized

Patna High Court CR. MISC. No.10399 of 2024(2) dt.29-02-2024 2/2 vehicle. It is next submitted that no prudent person would use her own vehicle for committing an occurrence and thus, would create evidence against herself and hence, would get implicated. It is further submitted that petitioner was completely unaware that her driver would misuse the vehicle in the manner as alleged as he was also apprehended at the spot.

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 the learned Exclusive Special Judge, Excise-1, Purnea in connection with K. Nagar P. S. Case No.529 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