Janki Kuar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43096 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== JANKI KUAR W/o Bijay Saw Resident of Station Road Jhopari Mohalla, P.S.- Dalmiyanagar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Mrityunjay Kumar Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-02-2022 Heard Mr. Rajesh Kumar Singh, learned counsel for the petitioner and Dr. Mrityunjay Kumar Gautam, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Nabinagar P.S. Case No. 45 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per the First Information Report, the Police intercepted a Tempo and upon seeing the Police Party, the driver of the tempo fled away. However, the petitioner was found sitting in the tempo and upon search, a total quantity of 471.800 litres of illicit country made liquor was recovered from the bags kept in the tempo and under the seat of the Tempo.

Patna High Court CR. MISC. No.43096 of 2021(2) dt.03-02-2022 2/3 Learned counsel for the petitioner submits that the petitioner is a lady and she has falsely been implicated in this case merely because she was sitting as a passenger in the Tempo. He further submits that the petitioner has no concern with the Tempo and its driver and she was not aware about the illicit liquor being kept inside the Tempo. The petitioner has got no criminal antecedent and she is in custody since 28.2.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, she is in custody since 28.2.2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise, Aurangabad, in connection with Nabinagar P.S. Case No. 45 of 2021.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.43096 of 2021(2) dt.03-02-2022 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T