Tara Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31768 of 2023 Arising Out of PS. Case No.-803 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== TARA KUMARI Daughter of Raj Kishore Rajak @ Raj Kishore Ranjan Resident of village-Bari Karbala, P.S.-Muzaffarpur Town, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 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), 32(i)(ii), 36 and 41(i) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a woman and is a person with clean antecedent and allegation is of recovery of 81 liters of liquor from an Auto and one Raja was arrested with mobile.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession, it is next submitted that she came to be implicated being owner of the Auto. It is further submitted that no prudent person would use his/her own vehicle for committing an occurrence and thus create evidence

Patna High Court CR. MISC. No.31768 of 2023(2) dt.23-05-2023 2/2 against himself/herself and thus would get implicated. It is further submitted that petitioner was completely unaware that Raja would misuse the vehicle in the manner as alleged in the F.I.R, when admittedly petitioner is a person with clean antecedent.

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 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kanti P.S. Case No. 803 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T