Kiran Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46541 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -BASANTPUR District- SIWAN ====================================================== Kiran Kumari,W/O Hari Mohan Rai, resident of H. No. D.K. 347, Prem Nagar, Sector-4, Ballabgarh, District-Faridabad, Haryana. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raghav Prasad, Advocate. For the Opposite Party : Mr. Anil Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 272, 273, 308 of the IPC and 38(1) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 1.110 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 1.110 liters wine is recovered from the Truck in question. The name of the petitioner has come on the

Patna High Court Cr.Misc. No.46541 of 2018 (2) dt.31-07-2018 2/2 basis of seized Truck in question. The petitioner is alleged to be owner of the said Truck. The said Truck is run as a Public Carrier by the driver of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the nature of goods booked by the Transporter. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of 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.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions JudgeII-cum-Special Judge, Excise, Siwan, in connection with Basantpur P.S. Case No. 97/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K.