Asha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90242 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Asha Devi W/o Pokhraj Yadav R/o Village-Bahera, P.O.-Manjhoul (Nimmi), P.S.-Fatehpur, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Onkar Nath, Advocate For the Opposite Party/s :
Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-01-2025 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Wazirganj PS case no. 107 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3.
The prosecution story, as per the First Information report, is that on 29.02.2024, during patrolling the informant got secret information that one motorcycle rider carrying illicit liquor was coming from Fatehpur to Wazirganj. When they reached at the place of occurrence, they saw the said motorcyclist fleeing away leaving the motorcycle. Upon search, 23.625 litres of foreign liquor and
Patna High Court CR. MISC. No.90242 of 2024(2) dt.29-01-2025 2/3 80 litres of countrymade mahua wine was recovered from the motorcycle.
4.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case being the registered owner of the motorcycle in question but the said motorcycle was borrowed by a co-villager. He further submits that petitioner is a lady having no criminal antecedent.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from motorcycle borrowed by a co-villager of petitioner and petitioner is a lady having no criminal antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. V, Gaya in connection with Wazirganj PS case no. 107 of 2024,
Patna High Court CR. MISC. No.90242 of 2024(2) dt.29-01-2025 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T