Bindu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71162 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- DEV District- Aurangabad ====================================================== BINDU DEVI WIFE OF RANJIT RAY @ RANJIT YADAV RESIDENT OF VILLAGE- BHATAKUR, P.S.- DEO, DISTRICT- AURANGABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018
3. Altogether 112 litres of country made liquor has been recovered from a big white coloured sack kept in Tempo. The driver of the seized Tempo was apprehended on the spot.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. She has no concern either with the seized liquor or place of recovery or any trade of liquor. The allegation levelled against the petitioner is general
Patna High Court CR. MISC. No.71162 of 2023(3) dt.14-12-2023 2/3 and omnibus in nature. She was not apprehended on the spot. She had not consumed liquor. She has been made accused merely because she is the owner of the seized Tempo. The real fact is that she had handed over the said vehicle to a person, which is also mentioned in para 7 of the bail application. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.
5. Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Deo P.S. Case No. 191 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
Patna High Court CR. MISC. No.71162 of 2023(3) dt.14-12-2023 3/3
(1) One of the bailors will be her own blood relative, preferably, father, mother, brother, sister and/or her husband.
(2) The petitioner shall not indulge herself in any similar offence till conclusion of the trial.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T