Punam Devi @ Punam Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29534 of 2023 Arising Out of PS. Case No.-26 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== PUNAM DEVI @ PUNAM KUMARI W/o- LOUKUSH PASWAN VillageGheura, Ps- Rishiyap, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== 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 offences punishable under Sections 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 5 liters of liquor from a motorcycle. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, and she came to be implicated for the reason that the motorcycle is registered at her name. It is further submitted that the husband of the
Patna High Court CR. MISC. No.29534 of 2023(2) dt.18-05-2023 2/2 petitioner had taken the motorcycle and as such, she was unaware the same would be misused in the manner as alleged, it is further submitted that the FIR does not even remotely reflect that a woman was present at the place of occurrence or fled after seeing the police.
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. 500/- (Rupees five hundred) 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 Excise P.S. Case No. 26 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Adnan/- U T