Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30961 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- DEO District- Aurangabad ====================================================== Munni Devi Wife Of Lalu Bhuiya Resident Of Village- Charaiya, PsMadanpur, Distt- Aurangabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Uday Chand Prasad ====================================================== 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 her arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a woman and is a person with clean antecedent and the allegation is of recovery of 48 litre of liquor from a motorcycle and Lalu Bhuiya and Munna Bhuiya were arrested. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is next submitted that petitioner is the owner of the motorcycle and came to be implicate. It is next submitted that no prudent person would use

Patna High Court CR. MISC. No.30961 of 2023(2) dt.19-05-2023 2/2 her own vehicle for committing a crime and thus would create evidence against herself and hence would get implicated. It is further submitted that from perusal of the FIR it would manifest that the same does not even remotely suggest that from the place of occurrence any woman fled or any woman was present. 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 her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her 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 Special Judge, Excise-I, Aurangabad in connection with Deo P. S. Case No.79 of 2023, 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