Priyanka Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68848 of 2024 Arising Out of PS. Case No.-146 Year-2020 Thana- PUNAURA District- Sitamarhi ====================================================== Priyanka Devi, Wife of Amarjit Chaudhary, Resident of Village- Dadar Kolahua Pul, Ward No. 13, P.S.-Ahiyarpur, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dwij Raj, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Punaura P.S. Case No. 146 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution is that from a scooty, total 24 liters of country made liquor was recovery. Nobody was apprehended on scooty. The said scooty belongs to the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is a lady and being owner of the alleged scooty she has falsely been implicated in this case. Neither she was apprehended on the spot nor any incriminating article has been

Patna High Court CR. MISC. No.68848 of 2024(2) dt.18-10-2024 2/2 recovered from her conscious possession. It is further submitted that in the year 2020 thieves entered in her house and household articles and the scooty was stolen but she could not file the case. It is also submitted that at the time of occurrence, she was residing at Silvasa. She has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Punaura P.S. Case No.146 of 2020, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court Excise-I, Sitamarhi, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T