Partly allowed

Kusum Devi @ Kushum Devi v. The State of Bihar

Patna HC1 Oct 2020CR. MISC./22184/2020

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to Kusum Devi in a prohibition and excise case. The petitioner apprehended arrest for alleged carriage of country-made liquor. The court permitted bail provisionally, contingent on the removal of defects in the FIR and surrender within six weeks.

What did the court decide?

Petitioner to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties, subject to conditions of Section 438(2) Cr.P.C., provided she surrenders within six weeks.

Kusum Devi @ Kushum Devi Vs The State of Bihar — Bail and Remand | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22184 of 2020

¶2

Arising Out of PS. Case No.-35 Year-2020 Thana- RASULPUR District- Saran

¶3

======================================================

¶4

KUSUM DEVI @ KUSHUM DEVI Wife of Sahadev Ram Resident of Village- Bagaura, P.S.- Daraunda, District- Siwan.

... ... Petitioner.

Versus

The State of Bihar

... ... Opposite Party.

¶9

====================================================== Appearance : For the Petitioner : Mr. Mukesh Kumar Singh, Advocate. For the State : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

¶10

ORAL ORDER

¶11

3 01-10-2020

¶12

In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application, through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 10.07.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

¶13

Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing.

¶14

The petitioner apprehends her arrest in connection with Rasulpur P.S. Case No.35 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

¶15

The accusation is that on receiving the secret information about carrying the country made liquor from Chapra to Bagaura Pasi Tola, the informant along with other police personnel reached on

¶16

Patna High Court CR. MISC. No.22184 of 2020(3) dt.01-10-2020 2/3

¶17

10.04.2020 near the bridge at Atarsan Canal, then saw some persons indulged in unloading the liquor from one vehicle to another vehicle and motorcycles. On seeing the vehicle of the police party, all persons fled away from there leaving the vehicles. On search, from the white colour XUV 500 vehicle bearing Registration No.BR01PB7872, a sack containing 110 liters country made liquor was recovered, from another Alto vehicle bearing Registration No.BR1AH-4256, 80 liters country made liquor was recovered, from Hero Splendor Plus Motorcycle bearing Registration No.BR29AK6635, one sack containing 25 liters country made liquor was recovered, from another Hero Splendor Plus Motorcycle bearing Registration No.BR29AF-6834, 20 liters country made liquor was recovered, from Hero Splendor Motorcycle Pro bearing Registration No.BR04M-5504, 15 liters country made liquor was recovered and from black colour Splendor Plus Motorcycle bearing Registration No.BR29AA-0115, 10 liters country made liquor was recovered.

¶18

Learned counsel for the petitioner submits that, admittedly, the petitioner is the owner of Hero Splendor Plus Motorcycle bearing Registration No.BR29AK-6635 from which 25 liters country made liquor is said to be recovered. In fact, the said motorcycle was provided to the petitioner in her marriage as a gift by her parents and on the date of the occurrence, one Sonu Pasi, son of Harendra Pasi, the co-villager of the petitioner, had taken the motorcycle of the petitioner for purchasing the medicine from the market but,

¶19

Patna High Court CR. MISC. No.22184 of 2020(3) dt.01-10-2020 3/3

¶20

thereafter, her motorcycle was seized by the police. The petitioner had no knowledge that her motorcycle was being used by her covillager Sonu Pasi, son of Harendra Pasi, in carrying the liquor. The petitioner is lady and she has no criminal antecedent.

¶21

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2^nd Additional Sessions Judge, Excise, Saran, Chapra, in connection with Rasulpur P.S. Case No.35 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.

¶22

(Rajendra Kumar Mishra, J)

¶23

P.S./-

¶24

U T

Kusum Devi @ Kushum Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kusum Devi @ Kushum Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Ehtesam @ Md. Ehtesan Vs The State of Bihar

Gajadhar Mahto Vs The State of Bihar

Nitish Choudhary @ Nitesh Choudhary Vs The State of Bihar

Mintu Giri Vs The State of Bihar

Kailash Prasad Gupta Vs The State of Bihar

Badal @ Chandramohan Vs the State of Bihar