Patna High CourtCR. MISC./75295/2024bail granted

Sarita Devi v. The State Of Bihar

2024-10-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75295 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- DHANAHA District- West Champaran ====================================================== Sarita Devi Son of Shekhar Patel @ Shekhar Kumar Patel Village- Bari tola, Banu Chhapra, Ps- Banu Chhapar, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Dhanha P.S. case No. 07 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution allegation, in short, is that 297.730 liters liquor was recovered from pick up van.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent. The petitioner is not named in the F.I.R. The petitioner is a lady. The name of the petitioner has transpired as being owner of the vehicle in question. The said vehicle was already sold on

Patna High Court CR. MISC. No.75295 of 2024(2) dt.25-10-2024 2/2 21.02.2023 but the said vehicle could not be transferred in the name of new purchaser. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no knowledge and concern with the alleged recovery of liquor. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. 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 the Court below/concerned Court in connection with Dhanha P.S. case No. 07 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rudra Prakash Mishra, J) Pankaj/- U T