Patna High CourtCR. MISC./56531/2022bail granted

Bali Devi v. The State Of Bihar

2022-12-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56531 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== BALI DEVI W/o- Parmanand Bind R/o Village- Banrasia, P.S.- Sasaram (Mufassil), District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D.K.Sinha, Sr.Adv.

Mr.Abhinay Raj For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2022 Heard through video conferencing.

The petitioner apprehends her arrest in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

165 liters of foreign liquor has been recovered from a Tempo, of which, this petitioner is registered owner. It is submitted on behalf of petitioner that the alleged vehicle was stolen in the year 2020, for which, Sasaram Muffasil P.S. Case No. 37 of 2020 was already lodged on 02.02.2020 by this petitioner (Annexure 2) and instant case has been lodged on 03.01.2022 for recovery of aforesaid liquor and as such, petitioner cannot be held responsible for recovery of seized liquor from said vehicle, since her vehicle was already stolen way back in the year 2020. Petitioner has got no concern with the seized liquor and has got clean antecedent.

Patna High Court CR. MISC. No.56531 of 2022(2) dt.02-12-2022 2/2 Considering the aforesaid facts and circumstances as well as clean antecedent of petitioner, let the above named petitioner, in the event of her arrest or surrender within a period of six weeks from the date of receipt / production of copy 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 learned Special Judge, Excise, Second, Aurangabad (Bihar) / concerned court in connection with Excise Case No. 31 of 2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) anay/- U T