Sambha Devi @ Shambha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29385 of 2023 Arising Out of PS. Case No.-1126 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== SAMBHA DEVI @ SHAMBHA DEVI Wife of Raj Kumar Choudhary Resident of Village - Saray, P.O. and P.S.- Sasaram, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a woman and is a person with clean antecedent and allegation is of recovery of 80 liters of liquor from an erickshaw and Rahul and Dhanjit Kumar were arrested. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted being owner of the e-rickshaw she came to be implicated, it is next submitted that e-rickshaw is the only

Patna High Court CR. MISC. No.29385 of 2023(2) dt.18-05-2023 2/2 source of livelihood of the petitioner and thus no person would use his/her own vehicle from which he/she earns his/her livelihood and thus would get implicated, it is further submitted that petitioner was completely unaware that Rahul would misuse the vehicle in the manner as alleged, when admittedly petitioner is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sasaram (Town) (Darigaon) P.S. Case No. 1126 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Adnan/- U T