Meera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16375 of 2018 Arising Out of PS. Case No.-549 Year-2017 Thana- KADAMKUAN District- Patna ====================================================== Meera Devi W/o Dilip Kumar, R/o Q. No. Slum -176, Kankarbagh Colony, P.S.- Kankarbagh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar For the Opposite Party/s :

Mr. NAVIN KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 30 and 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 9 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the petitioner is alleged to be the owner of the vehicle in question. The vehicle in question was already sold by the petitioner vide Annexure-2 to the present application to one Anant Prasad.

Patna High Court Cr.Misc. No.16375 of 2018(2) dt.22-03-2018 2/2 Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 9 liters wine is recovered from the vehicle 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 Special Judge, Excise, -cum- ADJ-IX, Patna in connection with Kadamkuan P.S. Case No. 549/2017 (Special Case No. 8658/2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T