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Patna High CourtCR. MISC./2231/2025allowed

Kumkum Kumari v. The State Of Bihar

2025-01-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2231 of 2025 Arising Out of PS. Case No.-990 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Kumkum Kumari D/o Sanjay Chaudhary R/o Hanuman Ghat, P.S.- Alamganj, District- Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nikhil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3.

Altogether 22.4 litres of country made liquor has been recovered from front of the petitioner's house. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. She has falsely been implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner or from her house. She has no concern either with the seized liquor or the place of recovery

Patna High Court CR. MISC. No.2231 of 2025(2) dt.24-01-2025 2/3 or any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. Nothing specific has been attributed against the petitioner. She was not apprehended on the spot. She has been made accused in the present case merely on suspicion. Learned counsel further submits that the petitioner has seven criminal antecedents and she has been languishing in custody since 20.12.2024. 5.

Petitioner is agreed to deposit a sum of Rs. 25,000.00 (Rupees Twenty Five Thousand) in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6.

Considering the facts and circumstances of the case, the above named petitioner is directed to 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/the Successor Court, in connection with Alamganj P.S. Case No. 990 of 2024, subject to the further conditions that

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform

Patna High Court CR. MISC. No.2231 of 2025(2) dt.24-01-2025 3/3 the Court if there is any change in the address of the petitioner.

(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. 7.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Lawyers' Association Welfare Benevolent Fund.

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