Sarita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38984 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- TANDWA District- Aurangabad ====================================================== Sarita Kumari W/O Shrikant Mehta R/O Village Erakee, P.S. Madanpur, Distt-Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Singh For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending her arrest in connection with Tandwa P.S. Case No. 5 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, in short, is that 60 liters liquor was recovered from a motorcycle.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Being the owner of the sized motorcycle, petitioner has been implicated in the present case. Petitioner has no concern with the alleged recovery of liquor. No incriminating
Patna High Court CR. MISC. No.38984 of 2024(2) dt.17-05-2024 2/2 article has been recovered from the conscious possession of the petitioner. It is next submitted that the petitioner has no criminal antecedent. Petitioner has no knowledge regarding the alleged occurrence. There is no compliance of Section 100 of the Cr.P.C.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Tandwa P.S. Case No. 5 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Arish/- U T