Patna High CourtCR. MISC./79779/2024bail granted

Pinki Devi v. The State Of Bihar

2024-11-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79779 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- NAUTAN District- Siwan ====================================================== Pinki Devi Wife of Sanjeev Gupta Resident of village- Mahadeva Siwan, PSOP Siwan, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-11-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending her arrest in connection with Nautan P.S. Case no. 108 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, one Mritunjay Pandey was caught along with vehicle (scooty) and 8.64 litres of liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner who happens to be a lady has been falsely implicated in the case only for the reason that she happens to be the registered owner of the vehicle from which the seizure is alleged to have taken place. No incriminating article has been

Patna High Court CR. MISC. No.79779 of 2024(2) dt.28-11-2024 2/2 recovered from her possession. She has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the petitioner who happens to be a lady not having been arrested at the spot and not having any criminal antecedent, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Nautan P.S. Case no. 108 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.II, Siwan.

(Partha Sarthy, J) Bibhash/- U T