Sahida Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11672 of 2019 Arising Out of PS. Case No.-391 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== Sahida Khatoon W/o Md. Samsul Haque village-Padambeel, P.SGosaigaon,Distt.-Kokrajhar(Assam), presently residing at C/o R. Islam, Oil India Main gate, P.S-Kamrup, Distt.-Kamrup(Assam) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-04-2019 This is an application for grant of anticipatory bail in connection with Lalganj P.S. Case No. 391 of 2018, disclosing offences under Section 414 of the Indian Penal Code and Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 3965 liters foreign liquor from the truck and the petitioner happens to be the owner of the said truck.

Submission of learned counsel for the petitioner is that she is residing at Kamrup (Assam) and no knowledge about the carrying of liquor in her truck, which is handed over to the driver and the petitioner is a lady aged about 60 years and ready to abide by any condition imposed upon her. Further, the

Patna High Court CR. MISC. No.11672 of 2019(3) dt.29-04-2019 2/2 petitioner has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the fact that the petitioner is a lady aged about 60 years and having no criminal antecedent, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, be released 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 learned 2nd Additional Sessions Judge-cum-Special Judge, Hajipur, Vaishali, in connection with Lalganj P.S. Case No. 391 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

Learned court below is directed that before releasing the petitioner on bail, he must verify the address of the petitioner and of bailors and also the surety and with further condition that the petitioner has to appear as and when required, otherwise her bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) Amjad/- U T