Sudha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5656 of 2023 Arising Out of PS. Case No.-416 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== Sudha Kumari D/O Davendra Kumar Resident Of Village- 15, Rajendra Nagar, Post And P.S.- Sakchi, Kalimati, Jamshedpur, East Singhbhum, Jharkhand- 831001 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anmol Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable Section 30 (a) of the Bihar Prohibition and Excise Act.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 9.750 liters of foreign liquor is said to have been recovered from the motorcycle. He submitted that the petitioner is the owner of the seized motorcycle. He submits that the seizure list does not bear the signature of the petitioner. Learned counsel for the petitioner further submitted that the petitioner has no criminal

Patna High Court CR. MISC. No.5656 of 2023(2) dt.10-04-2023 2/3 antecedent.

Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Bihar State Bar Council Welfare Fund bearing Account No.31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Bodh Gaya P.S. Case No. 416 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be her own blood relative, preferably, father, mother, brother, sister and/or her husband.

(2) The petitioner shall not indulge herself 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 deposit of the

Patna High Court CR. MISC. No.5656 of 2023(2) dt.10-04-2023 3/3 aforesaid amount in the account of Bihar State Bar Council Welfare Fund, Patna.

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