Sumitra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32499 of 2024 Arising Out of PS. Case No.-111 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Sumitra Devi Wife of Vijay Ram RESIDENT OF MOHALLA - ANAITH, POLICE STATION- ARA NAWADA, DISTRICT - BHOJPUR (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-05-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman.
4. Allegation is of recovery of 160 litres of liquor from an auto.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession and she came to be implicated based on the fact that she is owner of the seized auto. It is further submitted that no prudent person would use her own vehicle for committing an occurrence and thus would create evidence against herself and hence would get implicated. It is next submitted that
Patna High Court CR. MISC. No.32499 of 2024(2) dt.01-05-2024 2/2 petitioner was completely unaware that her driver would misuse the vehicle in the manner as alleged.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ara Nawada P.S. Case No. 111 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case in that event the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) Kundan/- U T