Patna High CourtCR. MISC./18080/2017bail granted

Lalita Devi v. The State Of Bihar

2017-07-13Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18080 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -KORANSARAI District- BUXAR ====================================================== Lalita Devi, Wife of Shree Babulal Singh, Resident of Village- Baluwa, P.O.- Kamarpur, Police Station- Muffasil, Buxar, Chausa, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Singh For the Opposite Party/s : Sri Braj Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-07-2017 Heard Sri Surendra Kumar Singh, learned counsel for the petitioner and Sri Braj Kishore Prasad, learned Additional Public Prosecutor.

The sole petitioner, who is the lady owner of transport vehicle i.e. pick -up van, has approached this court with a prayer to extend the privilege of anticipatory bail in Koran Sarai P.S. Case No. 10 of 2017, registered for offence under Section 30A/ 47 of the Bihar Prohibition and Excise Act, 2016. It was submitted by learned counsel for the petitioner that petitioner was not aware that her vehicle , which was running as transport vehicle (public carrier) was being used by her driver in transporting illegal liquor. Of -course , from the vehicle in question huge quantity of foreign liquor (Rum) was recovered

Patna High Court Cr.Misc. No.18080 of 2017 (3) dt.13-07-2017 2/2 but according to learned counsel for the petitioner, petitioner was not aware about carrying of such item in her vehicle. Considering the nature of accusation as well as the fact that petitioner is lady owner of commercial vehicle and in absence of any direct material against her, in the event of arrest or surrender within a period of six weeks from today, let the petitioner Lalita Devi be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate , 1st Class , Buxar / concerned court in connection with Koran Saray P.S. Case No. 10 of 2017 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure 1973.

(Rakesh Kumar, J) Praful/- U T