Amiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13317 of 2023 Arising Out of PS. Case No.-472 Year-2022 Thana- NAVINAGAR District- Aurangabad ====================================================== AMIYA DEVI, Female, aged about 48 years, W/O SRI NANDU DAGI @ NANDU DANGI @ NANHU MAHTO, Resident of Village- Mahjauli Kala, P.O.- Dadara, P.S.- Fajpur District- Chatra (Jharkhand). ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Vyas Kumar Mishra, Advocate For the Opposite Party :
Mrs. Pushpa Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending her arrest in connection with Nabi Nagar P.S. Case No. 472 of 2022 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 155.520 liters wine is said to have been recovered from the car in question.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. She falsely been implicated in the present case. There is no
Patna High Court CR. MISC. No.13317 of 2023(2) dt.29-04-2023 2/3 allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 155.520 liters wine is recovered from the car in question. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of seized car in question. The petitioner is alleged to be the owner of the said car. The said car is run as a public transport. The petitioner had no knowledge regarding the nature of goods kept in the car in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr. P.C. The petitioner is a lady. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-Versus-The State of Bihar).
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.13317 of 2023(2) dt.29-04-2023 3/3 the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 01, Aurangabad (Bihar), in connection with Nabi Nagar P.S. Case No. 472 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T