Jasina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76772 of 2024 Arising Out of PS. Case No.-561 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Jasina Devi, W/o Jitnarayan Ray @Jeetnarayan Ray R/O Village - Harpur Ganesh ,P.S. - Kanti (O.P.- Panapur), District -Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Kanti (Panapur O.P.) P.S. Case No.561 of 2023 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is a recovery of 8.64 litres of Indian made foreign liquor from the back seat of the motorcycle standing in the litchi orchard along with the other two motorcycles and bolero pick up van.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a lady and the owner of the motorcycle bearing Registration No. BR-06CC-4023 and the same is used by the son, husband and other family member of the petitioner

Patna High Court CR. MISC. No.76772 of 2024(2) dt.22-11-2024 2/2 as such she has no concern with the alleged recovery. Similarly situated co-accused has already been granted anticipatory bail by this Court vide order dated 16.10.2023 passed in Cr. Misc. No. 61928 of 2023. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Court No.II, Muzaffarpur in connection with Kanti (Panapur O.P.) P.S. Case No.561 of 2023 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) khushbu/- U T