Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17008 of 2024 Arising Out of PS. Case No.-821 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== Lalita Devi W/O Munarika Ray R/O VILLAGE- TERASIA, P.S.- GANGA BRIDGE, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. Learned counsel for the petitioner submits that the petitioner is a lady and a person with clean antecedent and allegation is of recovery of 336 litres of illicit liquor from the pick up van.

4. 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 implicated being owner of the pick-up van. It is further submitted no prudent person would use his own vehicle for

Patna High Court CR. MISC. No.17008 of 2024(2) dt.18-03-2024 2/2 committing an occurrence and thus would create evidence against herself and hence would get implicated. It is further submitted that the petitioner was completely unaware that Sanjit Rai and Tinku Rai would misuse the vehicle in the manner as alleged as they were also arrested from the spot, the petitioner admittedly is a person with clean antecedent.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Siwan Excise P.S. Case No. 821 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) sanjeev/- U T