Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14501 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== PRAMILA DEVI W/O Vidhyanand Paswan @ Vidhyanand, Resident of Village - Ghaghara, Ward No. 10, Ghaghara, P.S. Bakhri, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Adv.

For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends her arrest in Bakhri P.S. Case No.40 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant (A.S.I. of Bakhri P.S.) alleged that he got information about a motor accident near Makha Chak Ward No.4. On such information, the informant and other police officials went there and found one vehicle bearing Registration No.BR-09AA-1900 lying in the west side of the main road. One boy was trying to hide foreign liquor. On search, 3.960 litres of foreign liquor was recovered from the vehicle. The boy disclosed his name as Jitendra Kumar. He also disclosed that the motor car is standing in the name of Pramila Devi (petitioner). Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.14501 of 2020(3) dt.14-09-2020 2/2 petitioner is a lady and she had no knowledge about the fact that foreign liquor was being carried on her vehicle by the driver. Having considered the facts that the petitioner is a lady and the vehicle was purchased in the name of the petitioner but the petitioner was not even driving the vehicle at the time of recovery of foreign liquor, 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 learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Begusarai in connection with Bakhri P.S. Case No.40 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T