Arti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62142 of 2021 Arising Out of PS. Case No.-264 Year-2020 Thana- AWTARNAGAR District- Saran ====================================================== ARTI KUMARI D/o Chotak Sah, W/o Rakesh Kumar Sah Resident of Village- Mehandi Ganj, Police Station- Manjhi, District- Saran at present residing at Village- Karmavari Patti, Ward No.5, Rampur, Police StationAwtar Nagar, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2022 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 his arrest in connection with Awtarnagar P.S. Case no. 264 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 10 litres illicit liquor from the motorcycle of the petitioner bearing Reg. No. BR04T-6358.

It is submitted by learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence. Her motorcycle was taken away by her brother-in-law,

Patna High Court CR. MISC. No.62142 of 2021(2) dt.12-07-2022 2/2 who is a vendor of fish. He has parked the said motorcycle at the bank of river Ganga to purchase fish. During patrolling, police has taken away the alleged motorcycle and manipulatively he has shown the another recovery from another man, by this motorcycle. A sympathetic view may be taken against the petitioner as she is a lady.

Learned APP appearing for the State has opposed the prayer of Bail.

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 his arrest or surrender in connection with Awtarnagar P.S. Case no. 264 of 2020, 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 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T