Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33602 of 2019 Arising Out of PS. Case No.-339 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== SHOBHA DEVI Wife of Ajit Kumar Resident of Mohalla Kumrare Chankya Nagar, P.S.- Agamkuan District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered under Section 30(a)(kh)/35/41 of the Bihar Prohibition and Excise Act, 2016.

Around 129 litres of foreign liquor is said to have been recovered from the I-10 car and the driver of the said car managed to escape. The said car is hailing to the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner happens to be only owner of the vehicle in question from where the aforesaid liquor was seized. Said car is plied by her

Patna High Court CR. MISC. No.33602 of 2019(3) dt.07-08-2019 2/2 husband. She happens to be housewife and had no knowledge of transporting of the liquor in the said vehicle by her husband. There is nothing in the record indicating the complicity of the petitioner in the occurrence. Hence no offence under Excise Act is made out against the petitioner. She has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge cum Special Judge, Excise, Patna in connection with Agamkuan P.S. Case No. 339 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) mantreshwar/- U T