Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52026 of 2023 Arising Out of PS. Case No.-1215 Year-2022 Thana- DANAPUR District- Patna ====================================================== Kiran Devi, W/O Shri Mukesh Kumar, R/O Mohalla- Makhdumpur, Beur Pakari, P.S.- Beur, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Danapur P.S. Case No. 1215 of 2022 registered for the offences punishable under Sections 29 and 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is an innocent lady and has been falsely implicated in this case. He submits that 139.92 litres of illicit foreign liquor is said to have been recovered from two cars but only 44.640 litres of illicit foreign liquor is said to have been recovered from the Wagon-R car which belongs to this petitioner. He submits that the petitioner was not apprehended at the spot and she has been made accused in the present case merely because she is the

Patna High Court CR. MISC. No.52026 of 2023(2) dt.19-08-2023 2/3 owner of the said vehicle. He submits that the petitioner had engaged Nandu Kumar as driver and the said car ran to carry passengers in Ola company. He submits that the petitioner had no knowledge about the seized loaded liquor. He submits that no incriminating material has been recovered from the conscious possession of this petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

4. Petitioner has agreed to deposit a sum of Rs. 10,000/- (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.

5. Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case in pending/Successor Court in connection with Danapur P.S. Case No. 1215 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.,

Patna High Court CR. MISC. No.52026 of 2023(2) dt.19-08-2023 3/3 with further conditions:

(i) One of the bailors will be her own blood relative, preferably, father, mother, brother, sister and/or her husband.

(ii) The petitioner will not indulge herself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Maynaz/- U T