Puspa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66929 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- HALSI District- Lakhisarai ====================================================== PUSPA DEVI WIFE OF PRABHAKAR KUMAR ROY R/O WARD NO 3 MALTI PIPARA DEWAS, P.S.- BEGUSARI, DISTT.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Gautam, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 420, 120(B) of the Indian Penal Code and Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman. Allegation is of recovery of 269.625 litres of liquor from a Magic vehicle.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is further submitted that petitioner came to be implicated in a mechanical manner being owner of the alleged

Patna High Court CR. MISC. No.66929 of 2022(2) dt.09-12-2022 2/2 vehicle. It is next submitted that petitioner was completely unaware that the driver would misuse the vehicle in the manner alleged. It is also submitted that no prudent man would use his own vehicle for committing an offence and thus would create evidence against himself/herself. It is further submitted that petitioner had purchased the said vehicle for business purpose.

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 Halsi Chowk P.S. Case No. 79 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T