← Library
Patna High CourtCR. MISC./3379/2020bail granted

Abha Kumari @ Aabha Kumari v. The State Of Bihar

2020-03-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3379 of 2020 Arising Out of PS. Case No.-233 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== ABHA KUMARI @ AABHA KUMARI Wife of Muntun Sahni, D/o Birendra Sahni Resident of Village - Bhalui Khan, P.S.- Sahebganj, Distt - Muzaffarpur At present resident of Village - Kesharinagar, Ward no. 2, Barka Gaon, P.S.- Karza, Distt - Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Karja P.S. Case No.233 of 2019, registered for the offence punishable under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., two motorcycles were stopped by the police personnel for checking. It is stated that the accused persons left the motorcycles and managed to escape. On search, 3.375 litres of IMFL was recovered from one vehicle while .915 litres of IMFL was recovered from the other vehicle.

Patna High Court CR. MISC. No.3379 of 2020(2) dt.06-03-2020 2/2 It is submitted by learned counsel for the petitioner that the petitioner happens to be a lady and has been implicated in this case for the reason that she happens to be the registered owner of one of the vehicle on which 3.375 litres of IMFL was recovered. The petitioner has no criminal antecedent. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of her arrest or surrender in connection with Karja P.S. Case No.233 of 2019, she will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J.) amit/- U T