Girija Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28889 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- NAWADA District- Nawada ====================================================== Girija Devi Wife of Late Mahinder Rajvanshi Resident of Mohalla- Afzal Nagar, Police Station- Bundelkhand, Dist.- Nawada ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Excise Act and Sections 341, 323, 333, 353, 307, 504 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 750 ml of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession and she came to be implicated based on the fact that she is owner of the seized vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.28889 of 2024(2) dt.16-04-2024 2/3 her own vehicle for committing an occurrence and thus would create evidence against herself and hence would get implicated, it is further submitted that petitioner was completely unaware that the Rohit would misuse the vehicle in the manner as alleged, as he was also arrested from the spot along with Suddu.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nawada P.S. Case No. 82 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of even one case, in that event the present anticipatory bail order shall not be given
Patna High Court CR. MISC. No.28889 of 2024(2) dt.16-04-2024 3/3 effect.
(Satyavrat Verma, J) SUMIT/- U T