Sanju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40643 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- GUTHANI District- Siwan ====================================================== SANJU SINGH, aged about 35 years(F) W/o Sanjay Singh R/o villageNarsingh, P.S.- Deogaon, District- Azamgarh (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2019 Heard both sides.

The petitioner apprehends her arrest in Guthani P.S. Case No.50 of 2018 registered under Sections 272, 273 and 34 of the Indian Penal Code and under Sections 30(a), 38(a) and 41(i) of Bihar Prohibition and Excise Act.

The informant, a police officer, intercepted an auto rickshaw and arrested two persons namely, Babloo Kumar Rawat and Chand Siddiquee. Chand Siddiquee was the driver of the auto rickshaw. From the briefcase lying by the side of Babloo Kumar Rawat who was sitting on the auto rickshaw, 21 bottles of Royalstag whiskey were recovered.

The learned counsel for the petitioner submits that the petitioner is the owner of the auto rickshaw and the driver was carrying passengers. The liquor was recovered from the

Patna High Court CR. MISC. No.40643 of 2019(2) dt.03-07-2019 2/2 possession of Babloo Kumar Rawat but since the petitioner is the owner of the auto rickshaw, she has also been made accused in the case.

Taking into consideration the fact that the petitioner is the owner of the auto rickshaw and auto rickshaw was being plied by the driver of the auto rickshaw, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd -cum-Special Judge, Excise, Siwan in connection with Guthani P.S. Case No.50 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T