Vinda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45523 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Vinda Devi, Wife Of Ramnaresh Yadav Resident Of Village - Manapatti (Hathapur), P.S. - Basopatti, Distt. - Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and she is a woman and the allegation is of recovery of 1.125 litre of liquor from the possession of Ajay Kumar Yadav. Further, a motorcycle was also seized.

4. The learned counsel for the petitioner submits that 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 motorcycle. It is next submitted that no prudent person would use her

Patna High Court CR. MISC. No.45523 of 2023(2) dt.20-07-2023 2/2 own vehicle for committing a crime and thus, would create evidence against herself and hence, would get implicated, when admittedly, petitioner is a person with clean antecedent. It is further submitted that petitioner was completely unaware that Ajay Kumar Yadav would misuse the vehicle in the manner as alleged as she was also apprehended at the spot.

5. Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on her furnishing bailbonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Basopatti P. S. Case No.83 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T