Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16222 of 2018 Arising Out of PS. Case No.-93 Year-2016 Thana- KATRA District- Muzaffarpur ====================================================== Munni Devi, wife of Mukesh Kumar Singh, resident of Village- Dargah Tola Sonepur Katara Baradih (DHANAM) P.S. Katara District Muzaffarpur (Owner of Motor Cycle No. BR06AZ6339).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. SRI SATYENDRA NARAYAN SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Counsel for the petitioner is permitted to make necessary correction in paragraph Nos. 1 and 5 of the main application in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 272, 274 of the Indian Penal Code and Sections 47, 51, 52, 53, 54 and 57 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 8.250 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.16222 of 2018(2) dt.22-03-2018 2/3 allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the petitioner is the alleged owner of the motorcycle in question. The said motorcycle was given by the petitioner to the covillager for his personal use. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 8.250 liters wine is recovered from the motorcycle in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge-cum- Special Judge, Excise, Muzaffarpur in connection with Katra P.S. Case No.

Patna High Court Cr.Misc. No.16222 of 2018(2) dt.22-03-2018 3/3 Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T