Juli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12738 of 2019 Arising Out of PS. Case No.-146 Year-2018 Thana- PARWALPUR District- Nalanda ====================================================== JULI DEVI W/o- Surendra Chaudhary Resident of Village- Mai, P.S.- Parwalpur, District- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2019 Heard both sides.

The petitioner apprehends her arrest in Parwalpur P.S. case No. 146 of 2018 registered under Section 30(a) of the Bihar Prohibition & Excise Act.

The police got information that Surendra Choudhary and Subodh Choudhary, both sons of Late Gulab Choudhary, were carrying illicit liquor on their motor cycle bearing registration No. BR21T-5787. The police went for verification of the information and saw that two persons were unloading jar from the motor cycle but on seeing the police both the persons fled away.

The learned counsel for the petitioner submits that petitioner is wife of Surendra Choudhary and, of course, ownership of the motor cycle stands in the name of petitioner

Patna High Court CR. MISC. No.12738 of 2019(2) dt.01-03-2019 2/2 but petitioner is not at all responsible for carrying liquor on motor cycle. Her husband and his brother were alleged to have been carrying liquor.

Taking into consideration the facts that petitioner is made accused only because she is owner of the motor cycle although the informant got information that husband of petitioner and his brother were carrying liquor on motor cycle, the petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI- Nalanda at Biharsharif in connection withParwalpur P.S. case No. 146 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T