Uma Singh @ Sumitra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44606 of 2022 Arising Out of PS. Case No.-262 Year-2020 Thana- ARARIA District- Araria ====================================================== UMA SINGH @ SUMITRA SINGH W/o Late Basudeb Singh @ Late Shambhu Singh Resident of Village - Lalen Sarani Lower Bhanu Nagar Servoke Road, P.s.- Bhaktinagar, Distt.- Jalapaiguri (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 38 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 681 litre of liquor from a Magic vehicle. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner was completely unaware that the driver of the vehicle would misuse the same for such illegal purpose, it

Patna High Court CR. MISC. No.44606 of 2022(3) dt.30-08-2022 2/2 is further submitted that the alleged recovery though is from the vehicle of the petitioner, but then petitioner was completely unaware that his staffs would misuse the vehicle. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Araria (Bairgachhi) P.S. Case No. 262 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T