Dhanavati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56397 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- GUTHANI District- Siwan ====================================================== DHANAVATI DEVI Wife of Hira Lal Sahani Resident of village - Sonahula, P.s. - Guthani, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a women and allegation is of recovery of 32.800 liters of liquor from a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next submitted that she came to be implicated based on the fact that she is the owner of the seized vehicle, it is next submitted that

Patna High Court CR. MISC. No.56397 of 2023(2) dt.25-08-2023 2/2 no prudent person would use his/her own vehicle for committing a crime and thus would create an evidence against himself/herself and hence would get implicated easily, it is next submitted that the petitioner was completely unaware that Dilip would misuse the vehicle in the manner as alleged as he was also apprehended from the spot.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Guthani P.S. Case No. 164 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T