Rekha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52289 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== REKHA KUMARI Wife of Chhotu Yadav, D/o Dhumil Yadav, Resident of village and Post - Kulhariya, P.S. - Koilwar, Distt. - Bhojpur at Ara ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhileshwar Pandey, Advocate.

For the Opposite Party/s :

Mr.Kalyan Shankar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Mr. Akhileshwar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Kalyan Shankar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Udwantnagar P.S. Case No. 145 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 60 litres of Mahua country made liquor from the motorcycle bearing registration no. BR 3U 6777 of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case. Though the motorcycle belongs to the petitioner, but liquor was recovered from the

Patna High Court CR. MISC. No.52289 of 2023(2) dt.19-08-2023 2/2 motorcycle when it was parked along side the road and there is every likelihood that the persons who are involved in trade of liquor might have dumped the liquor on the motorcycle of the petitioner. Nothing has been recovered from the possession of the petitioner. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-II, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 145 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T