Bimal Devi v. The State of Bihar

Patna HC4 Mar 2024CR. MISC./12232/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted; Bihar Excise Act Sections 30(a) and 41; alleged recovery of 97.335 litres of liquor from motorcycle; petitioner owner of vehicle, not arrested from spot; Amas P.S. Case No. 384 of 2023, District Gaya; CR. MISC. No.12232 of 2024; bail bond Rs. 500 with two like sureties; conditions under Section 438(2) Cr.P.C.; Justice Satyavrat Verma; Patna High Court.

What did the court decide?

Prayer for anticipatory bail allowed; petitioner to be released on bail on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, upon arrest or surrender within six weeks, to the satisfaction of the learned trial court, subject to conditions under Section 438(2) Cr.P.C. ¶¶19

Bimal Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12232 of 2024

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Arising Out of PS. Case No.-384 Year-2023 Thana- AMAS District- Gaya

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

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Bimal Devi W/O RAJESH SAW R/O VILLAGE- BUDHAUL, P.S.- AMAS, DISTRICT- GAYA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sudhir Kumar Sinha For the Opposite Party/s : Mr.Yogendra Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 04-03-2024

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1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 41 of the Bihar Excise Act.

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3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 97.335 litres of liquor from a motorcycle.

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4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and she came to be implicated based on the fact that she is owner of the motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create

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Patna High Court CR. MISC. No.12232 of 2024(2) dt.04-03-2024 2/2

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evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that her friend Amit would misuse the vehicle in the manner as alleged, who was also apprehended from the spot.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Amas P.S. Case No. 384 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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SUMIT/-

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U T

Bimal Devi v. The State of Bihar

Case brief

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Bimal Devi v. The State of Bihar

Case brief

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