Veena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.407 of 2025 Arising Out of PS. Case No.-890 Year-2024 Thana- Excise P.S. District- Purnia ====================================================== Veena Devi W/O Pradeep Poddar R/O Kaptanpara, Khuskibagh, P.S.- Sadar, Dist.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-02-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Excise Prohibition (Purnea) Police Station Case No. 890 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the FIR, on 04.09.2024, during the duty, informant saw two scooties coming from Bengal towards the check post which were signaled to stop. On getting the signal, the first driver stopped the scooty, and the second scooty rider, on seeing the police party, left the scooty at some distance behind the check post and started running away. The police party tried hard to catch him, but the person managed to escape. Upon search of the vehicles, total quantity of 09.240 liters of

Patna High Court CR. MISC. No.407 of 2025(2) dt.05-02-2025 2/3 foreign made liquor was recovered.

4. Learned Counsel for the petitioner submits that the petitioner is a lady and neither she has been apprehended from the place of occurrence nor anything has been recovered from her conscious possession. She has merely been made accused on the basis of her being the registered owner of the seized vehicle bearing Reg. No. BR11AR0583. He next submits that the petitioner had given her vehicle to another person for some urgent purpose and she was not aware that her vehicle would be used in such a manner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is not having any criminal antecedent and she has been made accused on the basis of her being the owner of the vehicle which she had given to some other person, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within four 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 Judge, Excise No. 2,

Patna High Court CR. MISC. No.407 of 2025(2) dt.05-02-2025 3/3 Purnea, in connection with Excise Prohibition (Purnea) Police Station Case No. 890 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T