Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36970 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- SARAI RANJAN District- Samastipur ====================================================== Anita Devi, W/O Kamlesh Rai R/O Village- Nauwachak, P.S.- Samastipur (Muffasil), District- Samastipur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-06-2022 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 Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a woman and is a person with clean antecedent and the informant alleges that two persons on a motorcycle were seen coming and on seeing the police, they tried to flee. However, they were apprehended and they disclosed their name as Pankaj Kumar Roy and Vikash Kumar. It is next submitted that on search of the motorcycle, 360 ml of liquor were seized. The learned counsel for the petitioner submits that the petitioner was not apprehended from the spot, nor the allegation in the F.I.R. suggests that she was also on the motorcycle. It is next submitted that petitioner, being a lady, is the owner of the

Patna High Court CR. MISC. No.36970 of 2021(2) dt.14-06-2022 2/2 vehicle. It is next submitted that though the motorcycle is in the name of the petitioner, but it is generally used by her husband, who had lent the motorcycle to the accused persons as it was requested by them that they had some urgent work. The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a lady and was not apprehended at the spot, as such, nothing was recovered from conscious possession, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 learned Court below where the case is pending in connection with Sarairanjan P. S. Case No.11 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T