Taramuni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71816 of 2022 Arising Out of PS. Case No.-659 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== TARAMUNI DEVI W/O Parshuram Yadav R/O Village- Dhandihan, P.SKoilwar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar, Adv.

For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2023 Heard the parties through virtual mode.

Petitioner apprehends her arrest in connection with a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Altogether 288 liters of foreign liquor is said to have been recovered from a motorcycle and pickup van.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. She has been falsely implicated in this case due to ulterior motive. Petitioner has not been apprehended on the spot and has been made accused in the case on the basis that she is owner of the motorcycle. No incriminating article has been recovered from her conscious physical possession. Recovery has been made from the compartment of pickup van and not from

Patna High Court CR. MISC. No.71816 of 2022(2) dt.13-01-2023 2/3 the motorcycle. Petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner is an old lady and has no criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs.40,000.00 (Rupees Forty Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

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 Koilwar P.S. Case No.659 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to

Patna High Court CR. MISC. No.71816 of 2022(2) dt.13-01-2023 3/3 inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the PM Cares fund.

(Anjani Kumar Sharan, J) pallavi/- U T