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Patna High CourtCR. MISC./40168/2020bail granted

Renu Kumari v. The State Of Bihar

2021-06-14Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40168 of 2020 Arising Out of PS. Case No.-175 Year-2020 Thana- PATORI District- Samastipur ====================================================== Renu Kumari, Wife Of Ganesh Ray, Resident Of Village - Mohanpur, P.S. - Patori, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh- Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-06-2021 Heard Ms. Usha Kumari Singh, the learned Advocate for the petitioner and Mr. Akbar Ali, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Patori P. S. Case No.175 of 2020, instituted for the offences under Sections 272/ 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. It appears that one Yadubansh Rai was arrested with forty litres of liquor. The vehicle, which was being used in the aforesaid transportation, belongs to the petitioner. Hence, the prosecution of the petitioner.

Learned counsel for the petitioner has submitted that she is the cousin of one Vicky Rai and the person who was arrested with liquor is the father of aforesaid Vicky Rai. Except

Patna High Court CR. MISC. No.40168 of 2020(2) dt.14-06-2021 2/2 for the fact that the vehicle used in the offence stands in the name of the petitioner, there is no other material to connect the petitioner with the offence. There could be myriad reasons for the motorcycle, in question, having been registered in the name of the petitioner and such motorcycle being in possession of another person.

Considering the afore-stated facts and taking into account her gender and clean antecedents, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise Act, Samastipur in connection with Patori P. S. Case No.175 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T