Shushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66841 of 2022 Arising Out of PS. Case No.-327 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== Shushila Devi Wife Of Late Narendra Kumar R/O- Shushila Sadan, Road No. 12, West Patel Nagar, P.S.- Shastri Nagar, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 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 his arrest in connection with Gandhi Maidan P.S. Case no. 327 of 2022, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 400 ml of IMFL from the car of the petitioner, bearing registration No. BR-01EU-7721.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.66841 of 2022(2) dt.09-12-2022 2/3 has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. The name of petitioner sprang up in this case only because he is the owner of the vehicle in question. Neither the petitioner was arrested nor any incriminating article has been recovered from his 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 meagre quantity of liquor is recovered and petitioner is a lady, 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 his arrest or surrender in connection with Gandhi Maidan P.S. Case no. 327 of 2022, he 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 court of Special Judge, Excise

Patna High Court CR. MISC. No.66841 of 2022(2) dt.09-12-2022 3/3 Act, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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