Lawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18017 of 2023 Arising Out of PS. Case No.-174 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Lawati Devi, S/O Dinesh Yadav @ Dinesh Prasad Yadav Resident Of VillageMathahi, Ward No.- 05, P.S. And District- Madhepura. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a woman and is a person with clean antecedent and the allegation is of recovery of 912.78 litre of liquor from a trolley of a tractor.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is next submitted that petitioner came to be implicated because the trolley is registered in her name. It is further submitted that no prudent person would use

Patna High Court CR. MISC. No.18017 of 2023(2) dt.10-05-2023 2/2 her own vehicle for committing a crime and thus, would get implicated. It is next submitted that during agricultural season villagers take her trolley on rent and as such, the petitioner had given her trolley to a villager for carrying out the agricultural purposes and thus, was not aware that the trolley would be misused in the manner as alleged.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cumSpecial Judge Excise- IInd, Madhepura in connection with Excise P. S. Case No.174 of 2019-20 related to Excise Case No.957 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T