Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25347 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== Sangita Devi, Daughter Of Narayan Ray Resident Of Village - House No.- 32 Minister Colony (Signal Bazar), P.S.- West Police Station Dimapur Sadar, District - Dimapur (Nagaland) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 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 Sections 272, 273, 420, 467, 468, 120B of the I.P.C. and Sections 30(a), 32, 36, 41(i)of the Excise Act, 2016.

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 1845 litres of liquor from a truck, Bolero pick-up and a motorcycle and Ranjit Ram was arrested, who disclosed the name of the petitioner.

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, being owner of the Bolero pick-up, came to be implicated. It is also submitted that no prudent person would use

Patna High Court CR. MISC. No.25347 of 2023(2) dt.22-05-2023 2/2 her own vehicle for committing a crime and thus, would create evidence against herself and hence, would get implicated, when admittedly petitioner is a person with clean antecedent. It is further submitted that petitioner was completely unaware that Ranjit Ram would misuse her vehicle in the manner as alleged in the F.I.R. 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Motihari, East Champaran in connection with Rajepur P. S. Case No.172 of 2022, 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