Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72175 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- ARIYARI District- Sheikhpura ====================================================== NIRMALA DEVI WIFE OF RAVINDRA PRASAD R/O VILLAGEPARSOBIGHA, P.S.- BARBIGHA, DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2023 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 a case registered for the offences punishable u/s 30(a),32 and 45 of the Bihar Prohibition and Excise Act and Sections 25(1B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, one vehicle bearing registration no. BR09AD-0282 was seized by the police and 90 litres of Bird Rare Whiskey were recovered from the said vehicle.

Patna High Court CR. MISC. No.72175 of 2022(2) dt.09-01-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is the owner of the seized vehicle. No liquor has been seized from the house of the petitioner. Nothing has been recovered from the possession of the petitioner. The petitioner is a lady and a house wife and she had no knowledge regarding the said occurrence. 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 bail petition of the petitioner.

Considering the aforesaid facts and circumstances as well as the material available in the case diary, 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 learned Court concerned, Sheikhpura in connection with Ariyari P.S. Case No. 163 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This application stands allowed.

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