Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65348 of 2024 Arising Out of PS. Case No.-293 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Sarita Devi W/o Shiv Nath Paswan R/O- Vill.- Kutubpur, P.S.- Bhagwanpur, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aniket Singh, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Bidupur P.S. Case No.293 of 2024.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a women and allegation is of recovery of 20 liters of liquor from two motorcycles.

It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from her conscious

Patna High Court CR. MISC. No.65348 of 2024(2) dt.10-09-2024 2/3 possession and she came to be implicated based on the fact that she is owner of one of the seized motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against herself and hence would get implicated. It is next submitted that petitioner was completely unaware that Raushan would misuse the vehicle in a manner as alleged who was also apprehended from the spot along with Manjeet. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.Icum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No.293 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the

Patna High Court CR. MISC. No.65348 of 2024(2) dt.10-09-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T