Patna High CourtCR. MISC./1568/2018bail granted

Champa Devi v. The State Of Bihar

2018-01-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1568 of 2018 Arising Out of PS.Case No. -218 Year- 2017 Thana -NARHAT District- NAWADA ======================================================

1. Champa Devi Wife of Sadhu Sharan Singh Resident of Village-Narhat Police Narhat, District-Nawada .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in a case instituted under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that two gallons are said to have been recovered from the Tempo in question. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of seized tempo in question. The petitioner is said to be the owner of tempo in question. The tempo was being run by the driver of the petitioner.

Patna High Court Cr.Misc. No.1568 of 2018 (2) dt.10-01-2018 2/2 Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that two empty gallons are seized from a tempo in question on 12.11.2017. The F.I.R. has been instituted on 02.12.2017. The delay has not been explained by the prosecution. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Narhat P.S. Case No.218/2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T