Patna High CourtCR. MISC./48791/2024bail granted

Pyari Devi v. The State Of Bihar

2024-07-23Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48791 of 2024 Arising Out of PS. Case No.-145 Year-2024 Thana- GURUA District- Gaya ====================================================== PYARI DEVI WIFE OF MAHENDRA YADAV RESIDENT OF VILLAGE - UHARI, P.S. - AMAS, DISTRICT - GAYA, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-07-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Gurua P.S. Case No.145 of 2024.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and is a women and allegation is of recovery of 115 liters of liquor from five motorcycles.

4. It is next submitted 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 the owner of one of the seized motorcycle. It is next submitted that no prudent person would use her own vehicle for

Patna High Court CR. MISC. No.48791 of 2024(2) dt.23-07-2024 2/3 committing an occurrence and thus would create evidence against herself and hence would get implicated. It is also submitted that it is not the case of the informant that any women was fleeing from the place of occurrence.

5. The learned APP for the State opposes the anticipatory 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 his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court No.5, Gaya in connection with Gurua P.S. Case No.145 of 2024, subject to the conditions 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 antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

Patna High Court CR. MISC. No.48791 of 2024(2) dt.23-07-2024 3/3 (Satyavrat Verma, J) Prakash Narayan U T