Mamta Kumari @ Manita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2800 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== MAMTA KUMARI @ MANITA KUMARI Wife of Shani Kumar, Daughter of Shankar Yadav R/V- Chamghari P.O- Aurey, P.S and Dist- Lakhisarai. At presently residing at Near- Kailash Mandir, Nista P.s- Surajgarha, DistLakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha :

Mr. Rabi Bhushan For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 15 liters of country made liquor is said to have recovered from the motorcycle. He submits that petitioner is made accused in the present case because she is the owner of the said seized motor-cycle. He

Patna High Court CR. MISC. No.2800 of 2023(2) dt.28-03-2023 2/3 submits that four persons have been made accused in the present case. He further submits that one Rahul Kumar, who is named in the FIR, was taken her motorcycle in good faith who is distant relative of the petitioner. He submits that petitioner is a lady. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 10,000.00/- (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the facts and circumstance of the case and the fact that xxxxx, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Suryagarha P.S. Case No.123 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(1) One of the bailors will be his own blood relative,

Patna High Court CR. MISC. No.2800 of 2023(2) dt.28-03-2023 3/3 preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) ajay/- U T