Savita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 53452 of 2017 Arising Out of PS. Case No.-95 Year-2017 Thana- Srinagar District- West Champaran ====================================================== Savita Devi W/o Amar Sah, R/o Vill. - Bagahi Baghambarpur, P.S. Srinagar (Pujaha), District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

09-11-2017 Heard Sri Sanjeev Kumar, learned counsel for the petitioner and Mr. Matloob Rab, learned Addl. Public Prosecutor.

The sole petitioner, who is lady apprehending her arrest in Srinagar (Punjaha) P.S. Case No. 95 of 2017 registered for offence under Sections 341, 323, 504 & 34 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of her arrest or surrender.

It was submitted by learned counsel for the petitioner that though, offence relating to panel provision of the Indian Penal Code has been mentioned, all the sections are bailable and to give seriousness of the accusation, Section 30(A) of Bihar Prohibition and Excise Act, 2016 has been added and it was shown as if from a motorcycle, which was lying outside the

Patna High Court Cr.Misc. No.53452 of 2017(2) dt.09-11-2017 2/2 house of the petitioner, there was recovery of some pouches containing 1.4 liter of country-made liquor. Learned counsel for the petitioner has also placed F.I.R. to show that the petitioner was falsely implicated by one Pramod Yadav, who has become informant in the present case. Learned counsel for the petitioner has also drawn my attention to show that petitioner is having clean antecedent.

Learned Addl. Public Prosecutor has opposed the prayer. Considering the fact that nothing was recovered from the conscious possession of the petitioner, the fact that petitioner is a lady and having clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Savita Devi be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Srinagar (Punjaha) P.S. Case No. 95 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T