Sangeeta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29111 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== SANGEETA KUMARI WIFE OF OMPRAKASH RAM @ BABLU RAM RESIDENT OF VILLAGE- NADKHURKI, PS- BAGHMERA, DISTTDHANBAD, JHARKHAND ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 750 ml. litres of liquor from a motorcycle.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is further submitted that petitioner, being the owner of the vehicle, came to be implicated when the FIR does not even remotely suggest that a

Patna High Court CR. MISC. No.29111 of 2023(2) dt.18-05-2023 2/2 woman was present at the place of occurrence or had fled away. It is next submitted that the husband of the petitioner had taken the motorcycle and, as such, the petitioner was completely unaware that the vehicle would be misused in the manner as alleged.

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 Court below 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 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kutumba P.S. Case No. 48 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T