Moni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38798 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- ARWAL District- Jehanabad ====================================================== Moni Kumari W/o Manoj Verma @ Manoj Kumar Verma R/o Mohalla - Teknarayanpur Lane, Karbighiya, P.S - Jakkanpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Arwal P.S. Case No. 96 of 2024, registered for the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

03. As per prosecution case, the informant received an information about unloading of illicit foreign liquor from a white coloured car by co-accused Kundan Kumar. A raid was conducted and a person fled away from the spot leaving behind cartons of illicit liquor. Recovery of 184.5 liters of foreign liquor was made from the car, which was seized. The petitioner is stated to be the owner of the seized car.

04. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.38798 of 2024(2) dt.26-06-2024 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner was not present in the vehicle and she has not escaped form the place of occurrence. Nothing incriminating has been recovered from her conscious possession. The petitioner has been made accused in this case only because she is the owner of the car but the said car was being misused by other person whom it was given on hire. The petitioner has got no criminal history.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that the petitioner is said to be the owner of the car and no recovery has been shown from her and further considering the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Jehanabad in connection with Arwal P.S. Case No. 96 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the

Patna High Court CR. MISC. No.38798 of 2024(2) dt.26-06-2024 3/3 petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T