Kajal Yadav @ Ku Kajal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20173 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== KAJAL YADAV @ KU KAJAL YADAV D/O JAWAHIR YADAV Resident of Village- Barahan, P.S.- Kamalpur, District- Chandauli (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The learned counsel for the petitioner, at the outset, seeks permission to make rectification in the cause title of the anticipatory bail application as it has been submitted that instead of female, wrongly the petitioner has been described as male.

Permission is accorded.

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

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20173 of 2023(3) dt.23-06-2023 2/3 petitioner is a woman and is a person with clean antecedent and allegation is of recovery of 4 liters of liquor from a motorcycle.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and she came to be implicated being owner of the motorcycle. It is further submitted that no prudent person would use her own vehicle for committing an occurrence and thus would create evidence against herself and hence would get implicated easily. It is also submitted that petitioner was completely unaware that her neighbour would misuse the vehicle in the manner as alleged, when petitioner is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/-

Patna High Court CR. MISC. No.20173 of 2023(3) dt.23-06-2023 3/3 (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Excise PR Case No. 99 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T