Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37330 of 2024 Arising Out of PS. Case No.-1605 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Rekha Devi Wife of Vijay Ray Resident of Vilage- Chechar, P.S. - Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2024 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 offences punishable under Sections 30(a) and 56(b) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 40 litres of liquor from a motorcycle. 4.

Learned counsel for the petitioner submits that the 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 vehicle. It is next submitted that no prudent person would use her own vehicle for committing an occurrence and thus would create

Patna High Court CR. MISC. No.37330 of 2024(2) dt.24-06-2024 2/2 evidence against herself and hence would get implicated, it is further submitted that petitioner was completely unaware that her friend would misuse the vehicle in the manner as alleged. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patna Excise P.S. Case No. 1605 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of even one case in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T