Most. Ranju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38759 of 2022 Arising Out of PS. Case No.-155 Year-2021 Thana- SURYAGARHA District- Lakhisarai ====================================================== MOST. RANJU DEVI W/o Late Ram Jiwan Jha R/o village- Jakarpur Surajgaraha, Ward No.- 2, P.S.- Suryagadha, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman. Allegation is of recovery of 4.125 litre of liquor from a bag kept on a motorcycle and 8.250 litre of liquor from a bag thrown near an orchard.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. He further submits

Patna High Court CR. MISC. No.38759 of 2022(2) dt.24-08-2022 2/2 that though the motorcycle was in the name of the petitioner but the same was being used by her son Kamaljeet Jha who even got arrested when the search and seizure was made. He, thus, submits that the petitioner was completely unaware that the motorcycle would be misused by her son for such illegal purposes.

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.2,000/- (Rupees Two 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 Suryagadha P.S. Case No. 155 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T