Dharmshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30948 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- KOPA District- Saran ====================================================== DHARMSHILA DEVI W/O VINESH THAKUR R/O Mohalla- Banwari Ke Tola, P.S- Daudpur, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 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 Sections 30 and 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of two litre of liquor from a motorcycle. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated as he is owner of the motorcycle and no prudent person would use his own vehicle for committing a crime and thus, would create evidence against himself and hence would

Patna High Court CR. MISC. No.30948 of 2023(2) dt.19-05-2023 2/2 get implicated. It is next submitted that the motorcycle was taken by his cousin brother, as such, petitioner was unaware that Vikash Thakur would misuse the vehicle in the manner as alleged.

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 his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge2nd-cum-First Exclusive Judge, Excise, Saran, Chhapra in connection with Kopa P. S. Case No. 114 of 2022, 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