Nazanee Begam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45214 of 2023 Arising Out of PS. Case No.-58 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== NAZANEE BEGAM Daughter of Khurshid Anwar Resident of Village - DVC Colony Rani Tola (Ranitala) Kulti PS - Kulti Dist- Burdwan (Barddhwan) (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code as well as Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and is a woman.

4. Allegation is of recovery of 90 litres of liquor from a Maruti vehicle.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is further submitted that petitioner came to be implicated being a member of the syndicate as an amount of Rs.49,000/- was credited in her account from the

Patna High Court CR. MISC. No.45214 of 2023(2) dt.20-07-2023 2/2 account number of one of the liquor syndicates.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the ownership of the vehicle is not specified in the anticipatory bail application.

7. 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.5,000/- (Rupees Five 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 Malaypur P.S. Case No. 58 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, it is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the ownership of the seized vehicle and if it is found that the seized vehicle is in the name of the petitioner then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) Kundan/- U T