Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76385 of 2019 Arising Out of PS. Case No.-254 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Seema Devi, Wife of Arun Kumar Sah @ Arun Sah, Resident of VillageGohi, Police Station- Warish nagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends her arrest in connection with Bidupur P.S. Case No.254 of 2019, for the offence punishable under Sections 420, 414 of the Indian Penal Code and Section 30(a), 35, 41 of Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police recovered a total quantity of 3429 litres of illicit foreign liquor from the Mahindra Scorpio vehicle of the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner has got no criminal antecedent and has falsely been implicated in this case. Learned counsel further submits that huge quantity of illicit liquor was recovered by the police having total quantity of 3429 litres from the container and various vehicles including the vehicle of the petitioner in which only 90 litres of illicit litres had allegedly been found. Learned counsel further submits that

Patna High Court CR. MISC. No.76385 of 2019(2) dt.27-11-2019 2/2 the petitioner has been made accused on the basis of the fact that she happens to be the owner of the said Mahindra Scorpio. Learned counsel referring to para 8 of the application submits that the said vehicle was driven by the driver and the petitioner had not authorized him to indulge in such kind of illegal activity. Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and justification given by the petitioner that the vehicle was being driven by the driver, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by her, she shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Session Judge-IInd-cum-Special Judge, Excise Act, Vaishali at Hajipur, in connection with Bidupur P.S. Case No.254 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T