Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46003 of 2018 Arising Out of PS. Case No.-181 Year-2017 Thana- MUFFASIL District- Aurangabad ====================================================== Sita Devi Wife of Vijay Singh Resident of Village- Pandit Bigha Kochar, P.S. Sonenagar, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 30(a), 38(i) and 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 107 liters wine is recovered.

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 transpired as the vehicle in question belongs to the petitioner. The said vehicle is is run as public carrier by the driver of the petitioner. The petitioner had no knowledge regarding the nature of goods

Patna High Court Cr.Misc. No.46003 of 2018(2) dt.31-07-2018 2/2 booked by the transporter. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 107 liters wine is recovered from the vehicle in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII-cum- Special Judge, Excise, Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 181/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T