Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14778 of 2022 Arising Out of PS. Case No.-240 Year-2021 Thana- RAJAON District- Banka ====================================================== SANJU DEVI WIFE OF HIRALAL SINGH RESIDENT OF VILLAGEDUBOUNI POLICE STATION- AMARPUR, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Adya Singh, Advocate Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-05-2022 For the reason of the petitioner being a lady, who has been made accused in a case of Excise Act and is suffering from stomach ailment who has been referred for better treatment to a bigger hospital, this case has been given a priority hearing. Heard Mr. Ram Adya Singh, learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of her arrest in connection with Rajaoun P.S. Case No. 240 of 2021 dated 03.07.2021 instituted for the offences under Sections 30(a), 32(2) of the Bihar Prohibition and Excise Act, 2016. There is recovery of 37.5 litres of liquor from a vehicle which stands in the name of the petitioner. The driver and co-passenger were arrested, who have also disclosed that

Patna High Court CR. MISC. No.14778 of 2022(2) dt.17-05-2022 2/2 the vehicle belongs to the petitioner.

The learned counsel for the petitioner has submitted that there is no denying the ownership of the vehicle but it was let out for use in a marriage ceremony. The petitioner had taken care to instruct her driver not to do anything which would be contrary to law. The petitioner had no idea that liquor was carried in the aforesaid vehicle.

Regard being had to the aforestated facts and the gender of the petitioner as well as the fact that she was never made accused in any case whatsoever, she is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, V, Banka in connection with Rajaoun P.S. Case No. 240 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T