Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58086 of 2024 Arising Out of PS. Case No.-241 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Sangita Devi Wife of Shri Santosh Singh @ Santosh Kumar Singh Resident of village- Pipariya Alawalpur, PS- Gaurichak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Matloob Rab, 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 Ramkrishna Nagar P.S. Case No. 241 of 2024 instituted for the offences under Sections 30(a), 32(2), 32(3), 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 412.26 litres of foreign liquor was recovered from truck and pickup vehicles.

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. The name of the petitioner has

Patna High Court CR. MISC. No.58086 of 2024(2) dt.09-08-2024 2/2 transpired merely on the fact that the pickup vehicle from which the recovery has been made belongs to this petitioner. 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. The co-accused person has already been granted bail by this Bench vide order dated 28.06.2024 passed in Cr. Misc. No. 44223 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 Ramkrishna Nagar P.S. Case No. 241 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T