Sarita Krishnamurti @ Sarita Krisna Moorti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5169 of 2017 Arising Out of PS.Case No. -323 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Sarita Krishnamurti @ Sarita Krisna Moorti, D/o Sri D. Prakash, Resident of House No.201, Krishna Vihar Colony, P.S. Beaur, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 21-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Barachatti (Gaya) P.S. Case No.323 of 2016 registered under Sections 272, 273, and 120(B) of the Indian Penal Code besides Sections 47(a), 48(2), 54 and 63 of the Bihar Excise (Amendment) Act, 2016. The accusation is that in course of search of the vehicle by the police, one Swift Dezire Car bearing Registration No.BR-01CQ-6905 was searched from which Sanny Kumar Aryan, son of Mohan Sharma, Shiv Kumar, son of Sri Rajendra Prasad, Shiv Kumar, son of Rajdeo Prasad and Pranav Kumar Bhardwaj, son of Naveen Kumar Jha, were apprehended. On search of the aforesaid car, 10 cartoons, each containing 12 bottles, each bottle containing 750 ml. Indian Made

Patna High Court Cr.Misc. No.5169 of 2017 (2) dt.21-03-2017 2/2 Foreign Liquor, were recovered. The said car was found in the name of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the owner of the aforesaid car, which was taken by her brother-in-law (dewar), namely, Sunny Kumar Aryan, for his personal use and this petitioner had no knowledge about carrying the aforesaid Indian Made Foreign Liquor in her Car by her Dewar, namely, Sunny Kumar Aryan, and his three associates. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati (Gaya) in connection with Barachatti P.S. Case No.323 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T