Asha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37535 of 2024 Arising Out of PS. Case No.-361 Year-2022 Thana- Excise P.S. District- Bhagalpur ====================================================== Asha Devi wife of Jitendra Prasad Village- Dhanaut Sahay Nagar Ps- Rupaspur Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Rajdeep For the Opposite Party/s :
Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Excise (Naugachia) P.s. Case No. 361 of 2022 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise (Amendment Act), 2022.
3. Prosecution case relates to recovery of 2798 liters of illicit cough syrup from a four wheeler vehicle bearing Registration no. BR-01GL-6376 of the petitioner.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has got no criminal antecedent as stated in para-3 of the bail petition. The petitioner has falsely
Patna High Court CR. MISC. No.37535 of 2024(2) dt.17-05-2024 2/2 been implicated this case being the owner of the seized vehicle. Neither she was arrested on spot nor concerned with recovery of cough syrup.
5. Learned APP appearing for the state has opposed the prayer of bail.
6. Considering the facts and circumstances of the case as well as the petitioner is a lady, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Excise (Naugachia) P.S. Case No. 361 of 2022, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge 1st, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) amandeep/- U T