Tushi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61314 of 2022 Arising Out of PS. Case No.-298 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== TUSHI DEVI Wife of Arun Kumar Yadav Resident of Village- Shree Ghat, P.S- Malsami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-02-2023 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.

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

The petitioner is apprehending her arrest in connection with Agamkuan P. S. Case No. 298 of 2022 registered for the offences punishable under Sections 30(a)/ 36 of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 15 litres of illicit country made liquor kept in a sack was recovered from Activa Scooty.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was not present at the place of

Patna High Court CR. MISC. No.61314 of 2022(3) dt.25-02-2023 2/2 occurrence. The name of the petitioner has been dragged in this case only because the petitioner is the owner of the said Scooty. The said Scooty was not being driven by the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is a lady. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioner. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on 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, Patna City in connection with Agamkuan P. S. Case No. 298 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

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