Dauli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58998 of 2021 Arising Out of PS. Case No.-412 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== Dauli Devi D/o Narayan Ram R/o Village Sahid Saray, P.S. Siwan Town, District Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 12.250 litres of illicit liquor has been recovered from a Scooty and Chandan Kumar was apprehended at the spot. It is further submitted that the said Scooty belong to the petitioner and, therefore, the petitioner has been made accused in the present case. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.

Patna High Court CR. MISC. No.58998 of 2021(2) dt.24-06-2022 2/2 Petitioner is agree to deposit a sum of Rs. 10,000/- (rupees ten thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the facts aforesaid and the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd-cum-Special Judge, Excise, Siwan in connection with Mairwa P.S. Case No.412 of 2020, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount deposited in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Sanjay/- U T