Safail Khatoon @ Safail Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53745 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Safail Khatoon @ Safail Khatun Wife of Md. Salim Miya @ Salim Miya R/o Village- Subba Tol, Bharphori, P.S.- Andhramath, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Bharti, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in Laukahi P.S. Case No. 301 of 2023, G.R. No. 840 of 2023, registered under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 432 liters liquor was recovered from four motorcycles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that name of the petitioner has transpired as being
Patna High Court CR. MISC. No.53745 of 2024(2) dt.02-08-2024 2/2 owner of one of the motorcycles in question bearing registration no. BR-32AP-7225, the petitioner handed over the motorcycle to co-accused Md. Arif for some work and she has got no knowledge about the loading of liquor. The petitioner has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laukahi P.S. Case No. 301 of 2023, G.R. No. 840 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Rudra Prakash Mishra, J) Rajorshi/- U T