Suverchapriya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46078 of 2023 Arising Out of PS. Case No.-403 Year-2017 Thana- KANTI District- Muzaffarpur ====================================================== SUVERCHAPRIYA W/O ASHWANI KUMAR VERMA R/O VillageNazirpur Shekhpur, P.S- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Advocate For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner, in the present case, is seeking prearrest bail in connection with Kanti P.S. Case No. 403/2017 registered for the offences punishable under Sections 120(B) of the Indian Penal Code and Section 30(a), 38/41 of the Bihar Prohibition and Excise Act, 2016. She has no criminal antecedent as stated in paragraph '3' of the application.
3. As per the prosecution story, the informant has alleged that on secret informant that huge quantity of illicit liquor have been brought on two Scorpio vehicle, then he along with other police personnel visited at the place of occurrence and from the two Scorpio vehicle total 64 bottles English wine were recovered.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.46078 of 2023(3) dt.19-08-2023 2/3 petitioner is the owner of the Scorpio however she was not with the vehicle which it was allegedly intercepted with 48 bottles of english wine. It is submitted that the petitioner is a lady and is posted as Government teacher in Baheri Block, Darbhanga and the vehicle was driven by the driver Sagar Kumar and the petitioner had no knowledge about the keeping of foreign liquor in the said vehicle. The driver has already been granted regular bail.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the aforementioned material, this Court directs that in case of her arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. II, Muzaffarpur in connection with Kanti P.S. Case No. 403/2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her
Patna High Court CR. MISC. No.46078 of 2023(3) dt.19-08-2023 3/3 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajeev Ranjan Prasad, J) Rajeev/- U T