Tetari Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26597 of 2022 Arising Out of PS. Case No.-409 Year-2021 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== TETARI KUNWAR WIFE OF LATE BHARAT CHAUDHARY R/OJARMAKHAP, CHOUDHARY NAGAR, BIRATPUR, P.S.- AURANGABAD (TOWN), DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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 petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 16.8 litres of liquor from a jute bag kept on a Passion Pro motorcycle.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is also submitted that petitioner came to be implicated as she is owner

Patna High Court CR. MISC. No.26597 of 2022(2) dt.02-11-2022 2/2 of the alleged motorcycle, it is next submitted that though the motorcycle is registered in the name of the petitioner but then she hardly uses the motorcycle and same is used by her family members and friends and it is an admitted possession that she was not arrested from the spot.

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/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Aurangabad (Town) P.S. Case No. 409 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T