Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62389 of 2022 Arising Out of PS. Case No.-37 Year-2021 Thana- MATIHANI District- Begusarai ====================================================== RITA DEVI W/O ANIL SINGH Resident of Village- Ramdiri Bhawandpur, Ward No- 11, P.S.- Matihani, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 32 of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a woman with clean antecedent and allegation is of recovery of 732.960 litres liquor from a pickup van, Hero motorcycle and Pulsar motorcycle which were found in an orchard near the house of one Abhinav Kumar.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession and she came to be implicated as one of the motorcycles is registered in her

Patna High Court CR. MISC. No.62389 of 2022(2) dt.25-11-2022 2/2 name which was sold by her husband to one co-villager prior to the occurrence, it is next submitted that no prudent person would use his/her own vehicle for committing a crime and thus creating evidence against himself/herself in the manner alleged. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Matihani P.S. Case No. 37 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T