Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74214 of 2024 Arising Out of PS. Case No.-201 Year-2023 Thana- AMBA District- Aurangabad ====================================================== Raj Kumari Devi W/O Baijnath Ray @ Baidhnath Rai R/O Village- Saifpur Jadhua, P.S- Ganga Bridge, District- Vaishali. ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Amba P.S. Case No.201 of 2023 under Sections 30(a) of Bihar Prohibition and Excise (Amended) Act, 2018.

3. As per the prosecution, the FIR has been lodged against two named accused persons and one owner of the vehicle and total recovery of 439.12 liter of foreign liquor has alleged to be made, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the persons who were using the vehicle, have been apprehended by the police with the wine and they were arrested on spot.

5. Learned Counsel further submits that the petitioner

Patna High Court CR. MISC. No.74214 of 2024(2) dt.05-12-2024 2/2 is a lady aged about 73 years and the said Bolero vehicle was purchased in her name and only due to this reason, she has been accused in the present case.

6. Learned Counsel also submits that antecedent of the petitioner is clean. He further submits that the petitioner will take care of that her vehicle may not be used in commission of crime.

7. Learned APP for the State opposes the prayer for bail.

8. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Court of Special Judge Excise Court No.01, Aurangabad, Bihar in connection with Amba P.S. Case No.201 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T