Anita Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27612 of 2022 Arising Out of PS. Case No.-1689 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== ANITA RAJ W/o- Awdhesh Kumar R/o Village - Gauspur Izra, P.S. - Hajipur, District - Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise Case no. 1689 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Prosecution case relates to recovery of 880.2 litres illicit liquor from a pick-up van of which petitioner is the registered owner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has got no criminal antecedent. She has no concern with the alleged recovery. The said pick-up van was given on rent to the driver, which was being driven by him, and he was

Patna High Court CR. MISC. No.27612 of 2022(2) dt.16-09-2022 2/2 arrested on spot. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise Case No. 1689 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ IX-cum-Special Judge 2nd Aurangabad (Bihar) subject to the conditions as laid down under section 438(2) of the Cr.P.C., The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 25,000/- by the petitioner in the account of DLSA of the concerned district.

(Sunil Kumar Panwar, J) sushma/- U