Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27655 of 2022 Arising Out of PS. Case No.-685 Year-2021 Thana- KATIHAR NAGAR District- Katihar ====================================================== Meena Devi, W/O Late Nagendra Ray R/O- Driver Tola, P.S.- Katihar, District- Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of her 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 has antecedent of three cases and the allegation is of recovery of 18.100 litre of liquor from a damaged railway quarter.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession, nor the alleged railway quarter possessed by the petitioner. It is next submitted that petitioner came to be implicated based on identification, but

Patna High Court CR. MISC. No.27655 of 2022(2) dt.11-08-2022 2/2 the F.I.R. does not even remotely disclose that how and who identified the petitioner which amply demonstrates that the petitioner came to be implicated merely because of her antecedent.

Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Nagar P. S. Case No.685 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