Patna High CourtCR. MISC./23416/2021bail rejected

Sima Devi v. The State Of Bihar

2022-01-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23416 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Sima Devi W/o Kapildeo Paswan R/o village- Mathurapur, P.S. and DistrictKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 437.40 litres of Indian

Patna High Court CR. MISC. No.23416 of 2021(2) dt.07-01-2022 2/3 made foreign from the Tata Magic vehicle. The petitioner is owner of the aforesaid vehicle.

It is submitted by learned counsel for the petitioner that petitioner has already sold the vehicle to one Pappu Kumar Das by a Ekrarnama on 26.08.2020. Though the vehicle has not been transferred in the name of Pappu Kumar Das.

Considering the fact that that the vehicle in question is still registered in the name of the petitioner from which huge quantity of illicit liquor has been recovered, this Court is not inclined to grant anticipatory bail to the petitioner.

However, if the petitioner surrenders within a period of four weeks from today and pray for regular bail, the same may be considered by the learned Court below without being prejudiced by the order of this Court and keeping in view the fact that petitioner is a lady and she was not apprehended from the spot.

With the aforesaid observation/direction, the

Patna High Court CR. MISC. No.23416 of 2021(2) dt.07-01-2022 3/3 petition stands disposed off.

(Sunil Kumar Panwar, J) Shageer/- U T