Allowed

Vimla Devi v. The State of Bihar

Patna HC21 Apr 2023CR. MISC./2163/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter, this Court granted anticipatory bail to the petitioner in a case involving alleged recovery of wine under the Bihar Prohibition and Excise Act, 2016, subject to specific conditions regarding bail bonds and sureties.

What did the court decide?

Release on anticipatory bail subject to furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Judge-II, Bhojpur.

Vimla Devi Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2163 of 2023

¶2

Arising Out of PS. Case No.-184 Year-2022 Thana- SANDESH District- Bhojpur

¶3

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

¶4

VIMLA DEVI W/o Suneshwar R/v- Kouriya, P.S.- Bihta, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Anand Kumar Ojha, Advocate For the Opposite Party/s : Mr.Lalan Kumar, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

¶11

2 21-04-2023

¶12

Heard learned counsel for the petitioner and learned APP

¶13

for the State.

¶14

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

¶15

The prosecution case, in short, is that 5 liters wine is recovered.

¶16

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 5 liters wine is recovered from the motorcycle. The name of the petitioner has transpired on the as being owner of the motorcycle in question. The said motorcycle was given by the petitioner to covillager for his personal use. The petitioner is a lady. Except for this, there is no other substantive evidence to suggest the implication

¶17

Patna High Court CR. MISC. No.2163 of 2023(2) dt.21-04-2023 2/2

¶18

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. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon’ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

¶19

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

¶20

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve 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

¶21

to the satisfaction of Exclusive Special Excise Judge-II, Bhojpur, Ara in connection with Sandesh P.S. case No. 184 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶22

(Sudhir Singh, J)

¶23

Pankaj/-

¶24

U T

Vimla Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vimla 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vikash Kumar Vs The State of Bihar

Vikash Kumar Vs The State of Bihar

Radhey Shyam Yadav Vs The State of Bihar

Radheshayam Yadav @ Radheshayam Singh Vs The State of Bihar

Raj Kumar Chaudhary @Teni Vs the State of Bihar

Ravi Raj @ Ravi Choudhary Vs The State of Bihar