Ram Pari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17314 of 2019 Arising Out of PS. Case No.-268 Year-2018 Thana- LADANIA District- Madhubani ====================================================== Ram Pari Devi, Wife of Vishwanath Purbey, Resident of Village - H.N. 142, Kunwar Sigh Chowk, Main Road, P.S.- Jai Nagar, Distt - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in connection with Ladaniya P.S. Case No.268 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act. The prosecution case is that 432 litres of country made Nepali liquor were recovered from a van whereupon the driver escaped from the scene.

It is submitted by learned counsel for the petitioner that the petitioner had no knowledge about the illicit liquor being carried on the alleged vehicle and the said recovery cannot be treated from the conscious physical possession of the petitioner. It is further submitted that the petitioner is a lady and

Patna High Court CR. MISC. No.17314 of 2019(2) dt.26-03-2019 2/2 she is not having any criminal antecedent, statement to that effect has been made from the paragraph no.3 of the bail application.

Considering the nature of accusation and the fact that prosecution case does not suggest that the recovery is made from the conscious possession of the petitioner and the fact that the petitioner is not having any criminal antecedent, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond 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-II-cum-Special Judge (Excise), Madhubani in connection with Ladaniya P.S. Case No.268 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Dinesh Kumar Singh, J) sanjeev/- U T