Lakshmi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13523 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- Lalitgram District- Supaul ====================================================== Lakshmi Kumari C/o- Prakash Kumar Pandey R/o- ward No 04, Hajpurwa, PS- Kalyanpur, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 03-07-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Lalitgram P.S. Case no.43 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. A perusal of F.I.R and seizure list would show a total of 351 liters of foreign liquor was recovered from a Scorpio bearing Registration No. BR06PC3874.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R and cause of his false implication is only for the reason that she happens to be the registered owner of the seized Scorpio. However, he submits that the said Scorpio had been given to some other person and the petitioner had no knowledge what-so-ever the same had

Patna High Court CR. MISC. No.13523 of 2025(4) dt.03-07-2025 2/2 been wrongfully used for illegal purpose. No recovery has been made from the physical or conscious possession of the petitioner. There is no independent witness to the seizure list and hence, mandatory provisions of search and seizure have been violated. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Lalitgram P.S. Case no.43 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T