Patna High CourtCR. MISC./16008/2019bail granted

Pinki Devi v. The State Of Bihar

2019-03-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16008 of 2019 Arising Out of PS. Case No.-178 Year-2018 Thana- DIDARGANJ District- Patna ====================================================== Pinki Devi, aged about 36 years (F), Wife of Shatrohan Prasad Keshari, Resident of Rikabganj, Morarpur, P.S- Malsalami, Patna City, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-03-2019 The petitioner seeks bail in anticipation of her arrest in connection with Special Case No. 9285 of 2018 arising out of Didarganj P.S. Case No. 178 of 2018, dated 02.10.2018, instituted for the offences under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016. 24 litres of liquor is said to have been recovered from an Auto-Rickshaw, which was being driven by one Rameshwar Paswan. The petitioner happens to be the owner of the aforesaid Tempo/Auto-Rickshaw, which was given by her to aforesaid Rameshwar Paswan to ply the same on commercial basis.

Patna High Court CR. MISC. No.16008 of 2019(2) dt.15-03-2019 2/2 The learned counsel for the petitioner has submitted that a strict instruction had been given to the driver/Rameshwar Paswan not to breach any law or rules, but without any knowledge of the petitioner, the aforesaid vehicle was used for transporting liquor.

Regard being had to the aforesaid facts and taking into account the clean antecedents of the petitioner, she, 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 the present order, is directed to be released on bail on her furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Patna in connection with Special Case No. 9285 of 2018 arising out of Didarganj P.S. Case No. 178 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T