Nitu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21375 of 2023 Arising Out of PS. Case No.-450 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== Nitu Devi Wife of Yodha Yadav R/o Village- Kakariya, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a woman having clean antecedent and allegation is of recovery of 60 litres of liquor from the vehicles as detailed in the FIR.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next submitted that petitioner is owner of one of the vehicles and

Patna High Court CR. MISC. No.21375 of 2023(2) dt.15-05-2023 2/2 thus came to be implicated in the present case, further it is submitted that no prudent person would use his own vehicle for committing a crime and thus would get himself implicated. Learned counsel submits that the husband of the petitioner had given the car to his friend and thus the petitioner was not aware that the car would be misused in the manner as has been alleged in the FIR Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional District and Sessions Judge-cum-Special Judge-II, Nalanda in connection with Noorsarai P.S. Case No. 450 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi-II U T