Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88500 of 2024 Arising Out of PS. Case No.-434 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Manju Devi W/o Birendra Chaudhary R/o Village- Munsi Chak, P.S.- Dobhi, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-01-2025 Learned counsel for the petitioner is permitted to necessary correction in provision of law during the course of the day.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner is apprehending her arrest in connection with Excise P.S. Case No. 434/2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per prosecution case, there is alleged recovery of 10 liters mahua liquor from the motorcycle in question.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.88500 of 2024(2) dt.08-01-2025 2/3 petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case as an owner of the said motorcycle in question. The petitioner is a lady and she bears no criminal antecedent. The petitioner is not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. Co-accused Pramod Kumar relative of the petitioner came to her house and took away the motorcycle and the said co-accused has misused the motorcycle for carrying the illicit liquor and she is not acquainted with the same.

6. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

7. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Judge No.-3, Gaya in connection with Excise P.S. Case No.

Patna High Court CR. MISC. No.88500 of 2024(2) dt.08-01-2025 3/3 434/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) amitkumar/- U T