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Patna High CourtCR. MISC./62282/2022allowed

Champa Devi v. The State Of Bihar

2022-12-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62282 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- MANER District- Patna ====================================================== Champa Devi Wife Of Vijay Singh Resident Of Village - Dudhaila, P.S.- Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 30(a), 30(c) of the Bihar Prohibition & Excise Act.

There is recovery of 288 litres of illicit liquor from an auto-rickshaw. The petitioner is owner of the seized auto-rickshaw.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.62282 of 2022(2) dt.02-12-2022 2/3 possession of the petitioner. The petitioner is only owner of the vehicle in question and she has no concern with the seized illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 30,000/-(Rupees Thirty Thousand) in the District Legal Services Authority, Danapur, Patna.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna in connection with Maner P.S. Case No. 155 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted

Patna High Court CR. MISC. No.62282 of 2022(2) dt.02-12-2022 3/3 by the learned Court below on showing receipt of deposit of Rs. 30,000/-(Rupees Thirty Thousands) in District Legal Services Authority, Danapur, Patna.

(Sunil Kumar Panwar, J) Shageer/- U T