Renu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49457 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== RENU KUMARI WIFE OF NAND KISHORE SAHNI RESIDENT OF VILLAGE- JURAN CHHAPRA ROAD, BRAHAMPURA, PSBRAHAMPURA, DIST- MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratanakar Jha For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Amendment Act, 2018 and 21, 27 of NDPS Act.
3. Altogether 54 liters of DIALEX-DC cough syrup is said to have been recovered from the truck of the petitioner.
4. It is submitted by learned counsel for the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. She has no concern either with the seized liquor or any trade of liquor. She has been falsely
Patna High Court CR. MISC. No.49457 of 2023(3) dt.12-09-2023 2/3 implicated in this case at the instance of her enemy. She was not apprehended on the spot and her name transpired in the case only on the basis that she is owner of the vehicle but the fact is that she had given her vehicle to his driver for rental purpose having no knowledge of what was being carried in her vehicle. Petitioner has no criminal antecedent.
5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Laukaha P.S. Case No.55 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:
(i) That one of the bailors will be a close relative of
Patna High Court CR. MISC. No.49457 of 2023(3) dt.12-09-2023 3/3 the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid in the Patna High Court Legal Services Committee. (Anjani Kumar Sharan, J) shikha/- U T