Gayitri Devi @ Gaytri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 7901 of 2020 =============================================================== Gayitri Devi @ Gaytri Devi aged about 26 years, Gender-Female, W/o Nandu Yadav, resident of Vinod Nagar, Hirapur, P.S.-Dhanbad, District-Dhanbad (Jharkhand) ................

Petitioner

Versus

The State of Bihar ................. Opposite party =============================================================== Appearance For the Petitioner/s : Mr. Krishna Prasad Singh, Senior Advocate Mr. Bhaskar Shankar, Adv.

For the State : Mr. Ajay Kumar no.2, APP ============================================================= CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31.08.2020 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing.

The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Darihat P.S. Case No.66 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R, on the police personnel stopping the Mahindra Tata Magic vehicle, the driver of the

same managed to escape. On search, it is stated that 80.25 litres of IMFL was recovered from the said vehicle.

It is submitted by learned Senior counsel appearing for the petitioner that the allegation as made in the F.I.R. are false and concocted. The petitioner has been falsely implicated in the case only for the reason that she happens to be the registered owner of the vehicle. Admittedly, she was neither driving the vehicle nor was she caught with incriminating article. She has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner happens to be a lady having no criminal antecedent and was not caught with the incriminating article, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of her arrest or surrender in connection with Darihat P.S. Case No. 66 of 2019, she 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 the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram, subject to the conditions as laid

down in section 438 (2) of Criminal Procedure Code. (Partha Sarthy, J) Bibhash U T