Parvati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77814 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Parvati Devi W/o- Sanjeevan Chaudhary Resident of Village- Pathraura Police Station-Magadh Medical District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Braj Nandan Kumar Tiwary, Advocate For the Opposite Party :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Chandauti P.S. Case No. 134 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The case of the prosecution is that son of the petitioner was apprehended by the police with a bike and 10 liters of country made mahua liquor was recovered from that bike.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is a lady and she has

Patna High Court CR. MISC. No.77814 of 2024(2) dt.25-11-2024 2/2 falsely been implicated in this case. The petitioner is the owner of the bike but because of her son's misconduct, she has been implicated in this case. She has no concern with the recovered liquor and she was having no knowledge about it. The petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of the bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Chandauti P.S. Case No. 134 of 2024, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.4, Gaya subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) subham/- U T