Patna High CourtCR. MISC./59371/2024rejected

Maya Devi v. The State Of Bihar

2025-01-17Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59371 of 2024 Arising Out of PS. Case No.-203 Year-2023 Thana- TARARI District- Bhojpur ====================================================== Maya Devi, Female, aged about 42 years, Wife of Munna Yadav, Resident of Village- Bihta, P.S.- Imadpur, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Singh, Advocate For the Opposite Party/s :

Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Tarari P.S. Case No. 203 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 100 liters country made wine was recovered from a motorcycle bearing Chechis No. MBLHAW121NHB15396 and Engine No. HA11EDNH B41749.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner has no knowledge about

Patna High Court CR. MISC. No.59371 of 2024(5) dt.17-01-2025 2/3 the alleged occurrence. He next submits that petitioner is the owner of the said vehicle. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para 3 of the petition.

5. Learned APP for the State has opposes the prayer for bail.

6. From perusal of the FIR and also perused the impugned order dated 08.05.2024 passed by the learned Exclusive Special Excise Judge-II, Bhojpur, Ara, it appears that petitioner is not named in the FIR. It also appears that total 100 liters country made wine was recovered from a motorcycle bearing Chechis No. MBLHAW121NHB15396 and Engine No. HA11EDNH B41749. It is the admitted fact that petitioner is the owner of the said motorcycle from which recovery was made, so, considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties as well as involvement of the petitioner in the alleged commission of offence, I am not inclined to grant bail to the petitioner.

7. Accordingly, the application stands dismissed.

8. However, if the petitioner surrenders before the Trial Court, the Trial Court may consider her prayer for bail

Patna High Court CR. MISC. No.59371 of 2024(5) dt.17-01-2025 3/3 without being prejudiced by this order and disposed of on the same day, in accordance with law, as the petitioner being a lady. (Ramesh Chand Malviya, J) Anand Kr.

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