Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55693 of 2022 Arising Out of PS. Case No.-230 Year-2022 Thana- KOCHAS District- Rohtas ====================================================== SUNAINA DEVI W/O RAVI SHANKAR SINGH Resident of VillageKatharai, P.S.- Kochas, District- Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Kumar Deo, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code and Sections 56(1) and 56(2) of Bihar Mineral concession and prevention of illegal mining transportation and storage rule and Section 15 of the E.P. Act. The informant alleges that 2 tractors were seized loaded with sand.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and submitted that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession, it is next submitted that being owner of the tractors she came to be implicated.

Patna High Court CR. MISC. No.55693 of 2022(2) dt.10-11-2022 2/2 Learned counsel further submits that no prudent person would use his own vehicle for committing a crime and thus create evidence against herself, it is also submitted that petitioner has already deposited the penalty as would be evident from Annexure-2 to the anticipatory bail application. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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. 10,000/- (Rupees Ten 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 Kochas P.S. Case No. 230 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T