Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8623 of 2022 Arising Out of PS. Case No.-77 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== MANJU DEVI WIFE OF RAM CHELA PRASAD @ RAM CHELA BIND RESIDENT OF VILLAGE- JIGINI, P.S. BHABUA, DISTRICT- KAIMUR (BHABUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a women having clean antecedent and allegation is of total recovery of 17.280 litres of liquor from a pickup van. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and she came to be implicated because she is the owner of the vehicle. Learned counsel next submitted that the petitioner was completely

Patna High Court CR. MISC. No.8623 of 2022(2) dt.08-07-2022 2/2 unaware that the driver was misusing the vehicle for some illegal purposes. It is also submitted that the husband of the petitioner who is the real driver and owner of the vehicle was apprehended from the spot but since the vehicle was registered in the name of the petitioner hence she also came to be implicated.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a lady having clean antecedent, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One 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 connection with Bikramganj P.S. Case No. 77 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T