Kamli Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52314 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== KAMLI KUMARI Wife of Arjun Kumar @ Arjun Mahto Resident of Village - Mordiwa, P.S.- Muffasil, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Pratap For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kochadhaman P.S. Case no. 18 of 2021 instituted for the offence punishable under Section 420 of the Indian Penal Code and Section 30(a), 32, 36 and 41 of the Bihar Prohibition and Excise Act, 2016.
Prosecution case relates to recovery of 540 litres country made wine from the Bolero Pick up van of the petitioner Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent.
Patna High Court CR. MISC. No.52314 of 2021(2) dt.07-04-2022 2/2 Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of bail.
Having heard learned counsel for the parties and taking into consideration that the alleged vehicle belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.
However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below taking into consideration that petitioner is a lady. (Sunil Kumar Panwar, J) sushma/- U