Rinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65304 of 2022 Arising Out of PS. Case No.-254 Year-2022 Thana- DEO District- Aurangabad ====================================================== RINKI DEVI Wife of Ramesh Kumar R/O Village- Kosdihara Dhadhpi, P.SMadanpur, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr. APP ====================================================== 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 instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Deo P.S. Case no. 254 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of five liters country made liquor from petitioner's motorcycle bearing Registration No. BR26Q3287.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has got no criminal antecedent. She has falsely been made accused in this case only as owner of the seized motorcycle. It is further submitted that the co-accused namely, Ramesh Kumar Bhuiyan, who is the husband of the petitioner

Patna High Court CR. MISC. No.65304 of 2022(2) dt.02-12-2022 2/2 had already been apprehended for this offence. Petitioner has no concern with the alleged recovery of illicit liquor which was recovered from motorcycle. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that recovery of illicit liquor is meagre in quantity, 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 Deo P.S. Case no. 254 of 2022, 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 Special Judge, Excise-I, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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