Patna High CourtCR. MISC./12295/2018bail granted

Soni Devi v. The State Of Bihar

2018-04-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12295 of 2018 Arising Out of PS. Case No.-328 Year-2017 Thana- RAJAULI District- Nawada ====================================================== Soni Devi W/o Late Bal Choudhary , R/o Village- Bell Sariff, Sonar Patti Road, P.S.- Gondapur, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 2400 liters toddy is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the vehicle in question from which recovery is made belongs to the petitioner. The said vehicle is run as taxi by the driver of the petitioner. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.12295 of 2018(3) dt.11-04-2018 2/2 evidence to suggest the implication of the petitioner in this case. It is alleged that 2400 liters toddy is recovered from the vehicle in question run as taxi by the driver of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cumSpecial Judge, Nawada in connection with Rajauli P.S. Case No. 328 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.