Punam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54546 of 2024 Arising Out of PS. Case No.-124 Year-2023 Thana- KALER District- Jehanabad ====================================================== Punam Kumari W/o Pankaj Kumar R/o Village- Baans Kothi @ Vanshi Kothi, P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Kaler P. S. Case No.124 of 2023 under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution, the FIR has been lodged against five named accused persons including the petitioner being the owner of the vehicle against whom there is recovery of 184.2 liter of wine which is subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner's name has figured in this case by virtue of one accused has been apprehended from the vehicle which is in the name of the petitioner. The allegation against the said person is that he was working as liner for the vehicle from where wine

Patna High Court CR. MISC. No.54546 of 2024(2) dt.31-07-2024 2/2 has been recovered.

5. Counsel further submits that the petitioner is not alleged to be present on the vehicle rather her husband was there and name of the petitioner has been figured in this case only due to the reason that the vehicle is registered in the name of the petitioner.

6. Counsel also submits that antecedent of the petitioner is clean.

7. Learned APP for the State opposes the prayer for bail.

8. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Jehanabad in connection with Kaler P. S. Case No.124 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T