Patna High CourtCR. MISC./20230/2023bail granted

Nisha Bharti v. The State Of Bihar

2023-05-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20230 of 2023 Arising Out of PS. Case No.-1518 Year-2022 Thana- DANAPUR District- Patna ====================================================== NISHA BHARTI W/O NISHAL @ SANJAY @ SANJAY KUMAR Resident of Village- Bibiganj Maida Toli, P.S.- Danapur, DIstirct- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Arun Kumar, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 30(a), 32, 44 of Bihar Prohibition Excise Act.

Prosecution case is that 1.5 liters of illicit liquor was recovered from the scooty.

Learned counsel appearing for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner, rather the recovery has been made from the possession of co-accused person, namely Ayush Kumar. The name of the petitioner has been transpired in this case because he is the owner of the vehicle in question. Petitioner has got no criminal antecedent.

Learned counsel for the State opposes the prayer for pre-arrest bail.

Patna High Court CR. MISC. No.20230 of 2023(2) dt.15-05-2023 2/2 Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Danapur(Patna) in connection with Danapur Police Station Case No. 1518 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T