Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34409 of 2020 Arising Out of PS. Case No.-372 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== Rita Devi W/o Nagesh Prasad @ Nageshwar Prasad, R/o Village- Bareeth, P.S.- Katrisarai, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

M/s Ashok Kumar and Raj Kishore Prasad, Advs. For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Giriyak P.S. Case No. 372 of 2019 registered for offence punishable under sections 30 (a)/41 of the Bihar Prohibition and Excise Act.

From the FIR it appears that there is recovery of 148.5 litres of liquor and an Apache motor cycle, which was being plied by two persons.

Learned counsel for the petitioner submits that the petitioner was not identified, she is merely an owner of the said motor cycle purchased on her name and she had no concern with the said liquor.

Looking to the facts and circumstance of the case, let

Patna High Court CR. MISC. No.34409 of 2020(2) dt.08-03-2021 2/2 the petitioner above named, in event of arrest or surrender before the court below within six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 3rd Additional Chief Judicial Magistrate-cum-Special Judge (Excise), Nalanda in connection with Giriyak P.S. Case No.372 of 2019, subject to condition that one of the bailors of the petitioner shall be her close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court. In case of failure on two consecutive dates without any valid reason, the court below will be at liberty to cancel the bail bonds of the petitioner. (Shivaji Pandey, J) Mahesh/- U T