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Asha Devi v. The State Of Bihar

Patna HC13 Mar 2018CR. MISC./14028/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter, the Patna High Court granted anticipatory bail to the petitioner, who faced arrest under the Bihar Prohibition and Excise Act regarding wine recovery, subject to furnishing bail bonds and sureties.

What did the court decide?

Anticipatory bail granted upon surrender within six weeks, furnishing bail bonds of Rs. 10,000 and two sureties similar to the amount.

Asha Devi Vs The State Of Bihar — Cheque Dishonour | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.14028 of 2018

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Arising Out of PS.Case No. -78 Year- 2017 Thana -CHUTIA SAHAYAK District- SASARAM (ROHTAS)

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====================================================== Asha Devi, W/o Stendra Ram, R/o Village- Nawadih Khurd Tola (Jarlaka), P.S- Chutiya, District- Rohtas.

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.... .... Petitioner

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Versus The State of Bihar

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.... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Deovind Kumar Singh, Advocate. For the Opposite Party : Mr. S. Ehteshamuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 13-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is apprehending her arrest in a case for the offence registered under Sections 30(a) and 34(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution story, in brief, is that total 2 liters wine is said to have been recovered.

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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 2 liters wine is recovered. The name of

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Patna High Court Cr.Misc. No.14028 of 2018 (2) dt.13-03-2018

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2/2

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the petitioner has come on the basis of alleged recovery made from the joint house of the petitioner where other family members also reside. 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.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

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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 Additional Sessions JudgeIInd-cum-Special Judge, Excise, Rohtas at Sasaram, in connection with Chutiya P.S. Case No. 78/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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U.K./U T

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(Sudhir Singh, J)

Asha Devi v. The State Of Bihar

Case brief

What is this about?

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Asha Devi v. The State Of Bihar

Case brief

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