Kaju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77694 of 2019 Arising Out of PS. Case No.-491 Year-2019 Thana- HILSA District- Nalanda ====================================================== Kaju Devi Wife of Sujay Singh @ Sanjay Kumar Resident of Village-Amera, P.S.-Tharthari, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending her arrest in a case registered for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the FIR, 370 litres of IMFL is said to have been recovered from a car, however, the driver and two other male occupants managed to escape.

It is submitted by learned counsel for the petitioner that neither the petitioner was in the vehicle nor had she any information about the alleged IMFL was being carried therein and the petitioner has been implicated in this case only because she is owner of the car. It is further submitted that the recovery has been taken place under the jurisdiction of different police station and the petitioner has no criminal antecedent. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the

Patna High Court CR. MISC. No.77694 of 2019(2) dt.03-12-2019 2/2 case especially the petitioner being a lady having clean antecedent and not being the occupant of the car, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of her arrest or surrender in the court below within a period of six weeks from today in connection with Hilsa P.S. Case No. 491 of 2019 is directed to 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 the learned 3rd Additional District and Sessions Judge, Nalanda at Bihar Sharif subject to the conditions as laid down in section 438(2) of Criminal Procedure Code. (Partha Sarthy, J) Prakash/- U