Aisharya Mazumder v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31508 of 2020 Arising Out of PS. Case No.-323 Year-2018 Thana- BANKA District- Banka ====================================================== AISHARYA MAZUMDER D/o M.K. Mazumder Resident of Village - Rabindra Nagar, Jhila Para, Rajpur, Sonarpur, P.O.- Laskarpur, P.S.- Sonarpur, At Present - Narendrapur, Distt.- 24, Pargana (South), Pin -700153, (WB) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kalyan Shankar For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends her arrest in Banka P.S. Case No. 323 of 2018, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

144 bottles containing 750 ml each of foreign liquor has been recovered from a Car and two persons namely, Raju Kumar Roy and Rupesh Kumar were apprehended.

It is submitted that petitioner has been made accused in this case simply because vehicle in question is registered in her name. Nothing has been recovered from conscious possession of this petitioner. In fact, the aforesaid car has

Patna High Court CR. MISC. No.31508 of 2020(2) dt.20-01-2021 2/2 already been sold out by this petitioner to Dashrath Mandal on 25.04.2018. Petitioner is a lady and has got clean antecedent, as stated in para 3 of the petition.

Considering the facts aforesaid, the petitioner abovenamed in the event of her arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 323 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T