Pramila Devi @ Parmila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66193 of 2022 Arising Out of PS. Case No.-177 Year-2022 Thana- KUTUMBA District- Aurangabad ====================================================== PRAMILA DEVI @ PARMILA DEVI Wife of Rameshwar Bhagat R/VShailwan, P.S- Madanpur, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 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 Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that petitioner is a woman having clean antecedent and allegation is of recovery of 52.24 litres liquor from a Tata Indigo car. 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 merely because she is owner of the alleged vehicle, it is further submitted that no prudent person would use his/her own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.66193 of 2022(2) dt.06-12-2022 2/2 create evidence against himself/herself, it is next submitted that petitioner was completely unaware that her son would misuse her vehicle 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 Kutumba P.S. Case No. 177 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T