Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37953 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- DANIYAWAN District- Patna ====================================================== ASHA DEVI Wife of Shital Chaudhary Resident of village - New Barganda New Colony Ashram Road, P.S. - Nagar Nigam, Distt. - Giridih, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar No.1, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(2)(3)/36/41(1)(2) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 241.74 liters of liquor from a Scorpio Car. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and being owner of the vehicle he came to be implicated, it is next submitted that no prudent person would use his own vehicle for committing a crime and thus would create evidence against himself and hence

Patna High Court CR. MISC. No.37953 of 2023(2) dt.26-06-2023 2/2 would get implicated. It is next submitted that petitioner was completely unaware that driver of the vehicle would misuse the vehicle in the manner as alleged when admittedly petitioner is a person with clean antecedent.

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 his 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Daniyawan P.S. Case No. 91 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T