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Patna High CourtCR. MISC./50626/2019bail granted

Shanti Devi v. The State Of Bihar

2019-08-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50626 of 2019 Arising Out of PS. Case No.-18 Year-2017 Thana- GOVINDPUR District- Nawada ====================================================== SHANTI DEVI, Aged about 42 years, Female, Wife of Manoj Prasad @ Manoj Kumar, Resident of Village Bhadali, P.S. Matgawan, District Kodarma (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhanshu Shekhar For the Opposite Party/s :

Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-08-2019 Heard both sides.

Petitioner apprehends her arrest in Govindpur P.S. Case No.18 of 2017, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant on secret inputs intercepted an auto rickshaw bearing registration no. JH-12-G-2908 and apprehended one Pappu Sharma. 475 pouches each containing 200 ml. of country made liquor were recovered from the auto rickshaw.

Learned counsel for the petitioner submits that the petitioner is the owner of the auto rickshaw. Petitioner had handed over the auto rickshaw to her driver for carrying passengers but it was the driver who was illegally carrying

Patna High Court CR. MISC. No.50626 of 2019(2) dt.14-08-2019 2/2 liquor in the auto rickshaw.

Taking into consideration the facts that the person, who was sitting in the auto rickshaw, was also apprehended and petitioner, who is a lady, is the owner of the auto rickshaw, let petitioner, above named, in the event of her arrest or surrender before the court below within four weeks from the date of receipt of this order, 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 the learned A.D.J.-II-cumSpecial Judge, Nawada in connection with Govindpur P.S. Case No.18 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T