Aarti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49245 of 2022 Arising Out of PS. Case No.-254 Year-2021 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Aarti Kumari D/O Shivnath Choudhary R/O Mohalla- Muradpur Dullah, Bikhanpur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 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 her arrest in connection with University P.S. Case no. 254 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of total 135 liters illicit India made foreign liquor from a Mahindra XUV-Vehicle bearing Registration No. BR02Y/9000.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has falsely been implicated in this case. She has got

Patna High Court CR. MISC. No.49245 of 2022(2) dt.14-11-2022 2/3 no criminal antecedent. Petitioner is the registered owner of the said vehicle but she has no concern with the alleged recovery of liquor. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from her physical or conscious possession. Learned APP appearing for the State has opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with University P.S. Case no. 254 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-II, Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by

Patna High Court CR. MISC. No.49245 of 2022(2) dt.14-11-2022 3/3 the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) amandeep/- U T