Patna High CourtCR. MISC./33112/2017bail granted

Ranju Kumari v. The State Of Bihar

2017-09-21Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33112 of 2017 Arising Out of PS. Case No.-100 Year-2016 Thana- Nawakothi District- Begusarai ====================================================== Ranju Kumari, Wife of Awadesh Singh, Resident of Village-Manjhaul, Ward No.6, Pachmahala Tola, P.s.-Cheriya Bariyarpur, District-Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

21-09-2017 Heard Sri Sandip Kumar Gautam, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending her arrest in connection with Nawakothi P.S. Case No. 100 of 2016 registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of her arrest or surrender.

It was submitted by learned counsel for the petitioner that save and except the fact that the vehicle, from which about 9 liters of Indian make foreign liquor was recovered, was registered in the name of the petitioner, there is no material against the petitioner. It has also been argued that the seizure was made in violation of Section 100 of the Code of Criminal Procedure, 1973. Besides this, it has been argued that petitioner

Patna High Court Cr.Misc. No.33112 of 2017(5) dt.21-09-2017 2/2 is a government servant, which fact has been stated in paragraph - 8 of the petition. Learned counsel for the petitioner has also drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. Considering the nature of accusation, clean antecedent as well as the fact that petitioner is a lady, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Ranju Kumari be enlarged 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 A.D.J. 7th cum Special Judge, Excise Act, Begusarai in connection with Nawakothi P.S. Case No. 100 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) anay U T