Bharti Devi @ Bharti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35104 of 2021 Arising Out of PS. Case No.-470 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Bharti Devi @ Bharti Kumari W/O Subhash Kumar R/O Village- Kachauri, P.S.- Sherghati, Dist.- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(c), 56(b) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while on patrolling duty, he saw a motorcycle in an abandoned state and accordingly, on suspicion in presence of the witnesses, he searched that motorcycle from which 10 litre of country-made liquor was recovered from the dickey of the motorcycle.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.35104 of 2021(2) dt.13-06-2022 2/3 petitioner is innocent and has been falsely implicated in the present case merely because, she is the owner of the motorcycle. It is next submitted that neighbour of the petitioner had taken her motorcycle for getting the medicine for his mother and it appears that he misused the same. It is next submitted that the petitioner is a young girl aged about 19 years. It is also submitted that even admitting what has been alleged in the F.I.R. to be true, then the petitioner was not present at the place of occurrence, as such, the alleged recovery was not found from the conscious possession.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a young girl aged about 19 years and was not present at the place of occurrence, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Excise Case No.470 of 2020, subject to the conditions laid down under Section 438(2) of the

Patna High Court CR. MISC. No.35104 of 2021(2) dt.13-06-2022 3/3 Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T