Noor Jahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37018 of 2022 Arising Out of PS. Case No.-67 Year-2021 Thana- KALER District- Jehanabad ====================================================== Noor Jahan Wife Of Baseru Resident Of Village-Shikhreda, P.S.-Sikeda, District-Muzaffarnagar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 2180.52 litres of Indian made Foreign Liquor from a truck. The husband of the petitioner was driving the vehicle who was apprehended from the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.37018 of 2022(2) dt.02-11-2022 2/3 possession of the petitioner. Though the petitioner is owner of the truck in question but it is the case of the prosecution that husband of the petitioner was driving the vehicle who was apprehended from the sot. The petitioner is a lady and she has got no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 80,000/-(Rupees Eighty Thousands) in the District Legal Services Authority, Jehanabad.

In the facts and circumstance of the case, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No. 2, Jehanabad in connection with Kaler P.S. Case No. 67 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.37018 of 2022(2) dt.02-11-2022 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 80,000/-(Rupees Eighty Thousands) in District Legal Services Authority, Jehanabad.

(Sunil Kumar Panwar, J) Shageer/- U T