Indrakala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77923 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- ARER District- Madhubani ====================================================== Indrakala Devi Wife of Gopal Mahto Resident of Village - Mangti, Police Station - Khajauli, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in Arer P.S. case No. 07 of 2024 arising out of G.R. No. 52 of 2024 registered under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution allegation, in short, is that 243 liters liquor was recovered from two motorcycles.

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. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no

Patna High Court CR. MISC. No.77923 of 2024(2) dt.17-01-2025 2/2 knowledge and concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired as being owner of one of the motorcycles in question which was given by her to one Sanjeet Chaudhary for his personal use and he had no knowledge regarding nature of goods kept in the motorcycle. 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 Arer P.S. case No. 07 of 2024 arising out of G.R. No. 52 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