Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33139 of 2023 Arising Out of PS. Case No.-8 Year-2021 Thana- CHAORI District- Bhojpur ====================================================== ASHA DEVI W/O UMESH SINGH R/O Village- Dhanawan, P.S- BodhGaya, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a woman having clean antecedent and allegation is of recovery of 38.50 litres of liquor from an auto and four persons were also arrested from the auto including Shyam Bihari and Gopal.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession and she being owner of the auto came to be implicated, it is further submitted

Patna High Court CR. MISC. No.33139 of 2023(2) dt.25-05-2023 2/2 that no prudent person would use her own vehicle for committing an occurrence and thus would get implicated by creating evidence against herself, it is further submitted that petitioner was completely unaware that Shyam Bihar would misuse the vehicle in the manner as alleged in the FIR. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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. 1,000/- (Rupees One 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 Chauri P.S. Case No. 08 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T