Saloni Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21055 of 2023 Arising Out of PS. Case No.-55 Year-2021 Thana- NOKHA District- Rohtas ====================================================== Saloni Tiwary, W/O Shatrughan Tiwary Resident Of House No.- A-6, Road No.- 18, Rajeev Nagar, P.S.- Rajeev Nagar, District- Patna. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a woman and is a person with clean antecedent and the allegation is of recovery of 2746.44 litre of liquor from a Bolero vehicle registered in her name.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner was not arrested, as such, nothing was recovered from her conscious possession. Even Dharamjeet Kumar, who

Patna High Court CR. MISC. No.21055 of 2023(2) dt.15-05-2023 2/2 was arrested did not disclose her name. It is further submitted that petitioner had sold the vehicle three years back to one Sujeet Kumar, but since the ownership was not transferred, as such, petitioner came to be implicated, when admittedly, she is a person with clean antecedent. It is also submitted that no prudent person would use his/her own vehicle for committing crime and thus, would get implicated easily.

Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2cum- Additional District & Sessions Judge, Rohtas at Sasaram in connection with Nokha P. S. Case No.55 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T