Baby Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10928 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== BABY SINGH D/O- BINOD SINGH R/O VILLAGE- GULNI, P.S.- SHAMBHUGANJ, DISTRICT- BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-08-2022 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 his arrest in connection with Excise P.S. Case no. 79 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 120 litres country made liquor from an Auto bearing Reg. No. JH15L7756, which belongs to the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has got no criminal antecedent. She has no concern with the alleged recovery. It is true that she is owner of the said

Patna High Court CR. MISC. No.10928 of 2022(2) dt.05-08-2022 2/2 vehicle but she has given the said vehicle to Amit Kumar, who is driver, on rent to earn her livelihood. The alleged seized articles belongs to the passenger, about which no body was aware.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that petitioner is a lady, this Court is inclined to enlarge her on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise P.S. Case no. 79 of 2021, he 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 A.D.J.-II, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U