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Patna High CourtCR. MISC./22363/2025bail granted

Sikanti Devi @ Sikanti Kumari v. The State Of Bihar

2025-04-23Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22363 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- AMBA District- Aurangabad ====================================================== Sikanti Devi @ Sikanti Kumari D/O Rajesh Ram R/O Village- Bhagat Tenduwa, P.S.- Harihaeganj, District- Palamu, Jharkhand and present address is resident of Vill- Bahadurpur, P.S.- Simara, District- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rupa Kumari, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-04-2025 Heard Ms. Rupa Kumari, learned counsel for the petitioner and the State.

2. The petitioner is apprehending arrest in connection with Amba P.S. Case No. 18 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 31.01.2025 by the informant, Pretesh Kumar.

3. As per the prosecution story, the persons riding the motorcycle were intercepted and there is recovery/seizure of 375 ml. foreign liquor which led to the FIR/arrest.

4. Learned counsel for the petitioner submits that only because he is owner of the motorcycle, the implication. He had given the motorcycle to the accused who was apprehended to meet the relative.

Patna High Court CR. MISC. No.22363 of 2025(2) dt.23-04-2025 2/3

5. Learned APP opposes the prayer submitting that she is owner of the vehicle.

6. Taking into account the aforesaid facts as also that no recovery/seizure from her possession and only because of the motorcycle, the implication, FIR lodged, she will be facing the trial, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned District & Additional Sessions Judge-cum-Exclusive Special Judge, Excise Court No.1, Aurangabad, in connection with Amba P.S. Case No. 18 of 2025 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,

Patna High Court CR. MISC. No.22363 of 2025(2) dt.23-04-2025 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Ravi/- U T