Patna High CourtCR. MISC./81270/2019bail granted

Chinma Devi v. The State Of Bihar

2019-12-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81270 of 2019 Arising Out of PS. Case No.-363 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== CHINMA DEVI, (aged about 65 years, Gender-Female), Wife of Naresh Chaudhary, Resident of Village - Rauna, P.S.- Belaganj, District - Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Arvind Kumar Singh, Advocate.

For the Opposite Party :

Mr.Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 11 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 11 liters wine is recovered. Out of which, 02 liters wine is said to have been recovered by the side of house of the petitioner. The name of the

Patna High Court CR. MISC. No.81270 of 2019(2) dt.18-12-2019 2/2 petitioner has come in the present case on the basis of alleged recovery made by the side of house of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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/ Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned Special Judge, Excise, Gaya, in connection with Belaganj P.S. Case No. 363 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K.