Tota Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24645 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Tota Devi Wife of Sadhu Sah Resident of Village - Purshottampur, Gauripur, Murli Parsauni, P.S.- Purshottampur, District - West Champaran ... ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Sanjeev Kumar Shrivastava, Advocate For the Opposite Party :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.
Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.
It is alleged that on seeing the police party two motorcycle borne accused persons fled away leaving the motorcycle from which 19.500 liters of Nepali liquor was seized. Petitioner is said to be the pillion rider. Learned counsel appearing for the petitioner submits that the petitioner is innocent and no such occurrence took place. Nothing incriminating has been recovered from the possession of the petitioner who is a lady. It is also the case of the petitioner that in fact the motorcycle in question has already been gifted by her to her daughter-in-law family in the marriage performed five months back to the date of lodging of the instant case.
Considering the facts of the case, prayer for bail to the petitioner is allowed. In the event of arrest/surrender, let the
Patna High Court CR. MISC. No.24645 of 2020(2) dt.08-10-2020 2/2 petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, West Champaran at Bettiah in Purshottampur Police Station Case No. 05/2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T