Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 83949 of 2023 Arising Out of PS. Case No.-613 Year-2023 Thana- DEHRI TOWN District- Rohtas ====================================================== Usha Devi W/O Hari Om Seth Resident Of Village- Sonar Mohalla- Tilauthu, P.S.- Tilauthu, Distt.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamla Kant Pandey, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner rather 25 liters of country made liquor is said to have been recovered from a Scooty. One person was apprehended on the spot who disclosed that the said Scooty belongs to the petitioner. Petitioner has been made accused in this case because she is the owner of the said Scooty. Petitioner has no concern either with the seized

Patna High Court CR. MISC. No. 83949 of 2023(2) dt.11-01-2024 2/3 liquor or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Learned APP for the State opposes the prayer for bail of the petitioner.

5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in account of Mahavir Cancer Sansthan, bearing Account No.3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Dehri Town (Indrapuri O.P.) P.S. Case No. 613 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or her husband.

Patna High Court CR. MISC. No. 83949 of 2023(2) dt.11-01-2024 3/3 (ii) The petitioner shall not indulge herself in any similar offence till conclusion of the trial.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan.

(Anjani Kumar Sharan, J) annpurna/- U T