Patna High CourtCR. MISC./47284/2019bail granted

Gita Devi v. The State Of Bihar

2019-07-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47284 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- KHAIRA District- Saran ====================================================== Gita Devi Wife of Late Umeshl Mahto, Resident of Mohalla- Salempur, Kechary Road, P.S.- Chapra Town, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-07-2019 Heard both sides.

The petitioner apprehends her arrest in Khaira (Nagra) P.S. Case No.73 of 2019 registered under Sections 337, 338 of the Indian Penal Code and under section 30(a) of the Bihar Prohibition and Excise Act.

The informant intercepted one auto rickshaw but the driver of auto rickshaw and one person sitting on the auto rickshaw managed to flee away. On search, 130 litres of country made liquor made of mahua was recovered.

Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle. The petitioner handed over the vehicle to her driver for plying the vehicle on hire but the driver without any knowledge of the petitioner was illegally carrying country made liquor.

Patna High Court CR. MISC. No.47284 of 2019(2) dt.30-07-2019 2/2 Having considered the facts aforesaid and the fact that the petitioner is a lady and she is the owner of the vehicle, the above named petitioner, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 6th -cum-Special Judge, Saran at Chapra in connection with Khaira (Nagra) P.S. Case No.73 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T