Allowed¶20

Indu Devi v. the State of Bihar

Patna HC22 Mar 2024CR. MISC./20053/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Indu Devi; Patna High Court; CRL.MISC. No.20053 of 2024; Satyavrat Verma; Bihar Prohibition and Excise (Amendment) Act 2022 Sections 30(a), 32(1)(2), 36, 41(1); Mehsi P.S. Case No.346/2022; East Champaran; 1193.25 litres liquor recovery; Bolero pick up vehicle owner; Section 438(2) Cr.P.C.; bail bonds Rs.500 with two sureties; decision 22-03-2024.

What did the court decide?

Anticipatory bail granted; petitioner to be released on furnishing bail bonds of Rs.500/- with two sureties of the like amount each upon arrest or surrender within six weeks, subject to Section 438(2) Cr.P.C. conditions, in connection with Mehsi P.S. Case No.346/2022. ¶20

Indu 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.20053 of 2024

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Arising Out of PS. Case No.-346 Year-2022 Thana- MEHSI District- East Champaran

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

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INDU DEVI W/O DEVENDRA THAKUR R/O VILLAGE - KUNTI CHORGHATA KOSHI, P.S. MUZAFFARPUR TOWN, DISTRICT - MUZAFFARPUR

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Mohammad Sufyan

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

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 22-03-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 30(a), 32(1) (2), 36, 41(1) of Bihar Prohibition and Excise (Amendment) Act, 2022.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 1193.25 litres of liquor from a Bolero pick up vehicle, truck and a Santro car. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and she came to be implicated based on the fact that she is the owner of

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Patna High Court CR. MISC. No.20053 of 2024(2) dt.22-03-2024 2/2

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the Bolero pick up vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against herself and hence would get implicated. It is next submitted that the petitioner was completely unaware that Rajesh would misuse the vehicle in the manner as alleged, who was also apprehended from the spot.

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

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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.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 Mehsi P.S. Case No.346/2022, 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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amit/-

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U T

Indu Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Indu Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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