Patna High CourtCR. MISC./59198/2023bail granted

Taramuni Devi v. The State Of Bihar

2023-09-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59198 of 2023 Arising Out of PS. Case No.-289 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Taramuni Devi Wife Of Narayan Chaudhary Resident Of Village -HARIHARPUR, Ps- Shahpur, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Shahpur P.S. Case No. 289 of 2023 dated 01.07.2023. registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 20 litres of illicit liquor was recovered from the motorcycle and the co-accused Narayan Chaudhary was arrested on the spot.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.59198 of 2023(2) dt.22-09-2023 2/2 petitioner is owner of the motorcycle and she is a house wife. The motorcycle was not being driven by the petitioner. The petitioner was not present at the place of occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner who is a lady.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur at Ara in connection with Shahpur P.S. Case No. 289 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T