Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55477 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- THAKRAHA District- West Champaran ====================================================== Manju Devi W/O Late Jagarnath Sah R/O Village- Dindayal Nagar, Bagaha, P.S- Bagaha, Distt.- West Champarn.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prerna Anand, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Thakraha P.S. Case No. 03 of 2024 instituted for the offences under Sections 414 & 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 286 litres of English liquor was recovered from a Tractor. 4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that petitioner is the registered owner of the tractor in

Patna High Court CR. MISC. No.55477 of 2024(2) dt.09-08-2024 2/2 question and she was oblivious of the fact that illicit liquor was laden in the tractor. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. Other co-accused has been granted regular bail by this Court vide order dated 30-04-2024, passed in Cr. Misc. No. 32439 of 2024.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Thakraha P.S. Case No. 03 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Raj Kishore/- U T