Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50450 of 2018 Arising Out of PS.Case No. -133 Year- 2017 Thana -ANDER District- SIWAN ====================================================== Sushila Devi W/o Shri Nivas Yadav, R/o Vill.- Sultanpur Dahbari, P.S.- Andar, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections-272 & 273 of the Indian Penal Code and Section-41(i) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 9.720 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as one of the motorcycles, in question belongs to the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in

Patna High Court Cr.Misc. No.50450 of 2018 (2) dt.18-08-2018 this case. It is alleged that 9.720 liters wine is recovered from two motorcycles, in question. One of the motorcycles belongs to the petitioner. The motorcycle, in question was given by the petitioner to the co-villager for personal use. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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 learned 2nd Additional District & Sessions Judge-cum-Special Judge, (Excise), Siwan in connection with Andar (M.H. Nagar) P.S. Case No. 133 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T