Mulima Khatoon @ Mubina Khatoon @ Momina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35507 of 2022 Arising Out of PS. Case No.-101 Year-2022 Thana- PUPRI District- Sitamarhi ====================================================== MULIMA KHATOON @ MUBINA KHATOON @ MOMINA KHATOON W/O ELIYASH MANSOORI @ ELYASH MANSOORI @ MD. ELYASH R/O VILLAGE- JHANJHIHAT (JHAJHIHAT), P.S.- PUPRI, DISTRICTSITMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhubala Verma, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 15.6 litres liquor from the house of Jabbar Mansuri and 2.6 litres liquor from a place behind the house of Rambari Raut.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next

Patna High Court CR. MISC. No.35507 of 2022(3) dt.21-10-2022 2/2 submitted that petitioner is mother of Jabbar Mansuri and she was completely unaware that her son had kept liquor in the house, it is further submitted that the police in a mechanical manner implicated the petitioner without holding proper inquiry merely because she also resides in the same house with her son. 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 Court below 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 court below where the case is pending/successor court in connection with Pupri P.S. Case No. 101 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T