Gudiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13010 of 2024 Arising Out of PS. Case No.-1280 Year-2022 Thana- NAWADA District- Nawada ====================================================== Gudiya Devi AKHILESH PRASAD R/O VILLAGE -BERAMI, P.S.- NAWADA, DISTRICT- NAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a women and allegation is of recovery of 16 liters of liquor from two motorcycles, as detailed in the FIR.
4. It is next submitted 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 owner of the motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.13010 of 2024(2) dt.05-03-2024 2/2 occurrence and thus would create evidence against herself and hence would get implicated. It is next submitted that petitioner was completely unaware that her friend would misused the vehicle in a manner as alleged.
5. The learned APP for the State opposes the anticipatory 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 his 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 Court below where the case is pending in connection with Nawada (Kadirganj) P.S. Case No.1280 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T