Patna High CourtCR. MISC./52484/2023bail granted

Puspanjali Kumari v. The State Of Bihar

2023-08-19Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52484 of 2023 Arising Out of PS. Case No.-175 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== Puspanjali Kumari Daughter Of Shankar Mahto Resident Of VillageLohradih, Ps- Tilauthu, Distt- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Mr. Babu Nandan Prasad, learned counsel appearing on behalf of the petitioner and Mr. Shyameshwar Dayal, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Excise Case No. 346 of 2023 arising out of Excise P.S. F.I.R. No. 175 of 2023 registered under Sections 30(a) and 37 of Bihar Prohibition and Excise Act, 2016.

3. As per the allegation made in the F.I.R., altogether 60 litres of country made liquor packed in pouches recovered from the motorcycle bearing Registration No. BR24Y-4891 which belongs to the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has no concern with the alleged recovered liquor, being the owner of the alleged

Patna High Court CR. MISC. No.52484 of 2023(2) dt.19-08-2023 2/3 motorcycle she has been implicated in the present case. Learned counsel further submits that petitioner has clean antecedent.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of allegation made against the petitioner as well as the total quantity of liquor which has been recovered is only 60 litres, I am of the opinion that petitioner has made out a, prima facie, case to be released on anticipatory bail.

7. Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned 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 Exclusive Special Excise Court No. 1, Rohtas, Sasaram in connection with Excise Case No. 346 of 2023 arising out of Excise P.S. F.I.R. No. 175 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in

Patna High Court CR. MISC. No.52484 of 2023(2) dt.19-08-2023 3/3 paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) Manish/- Minu/- U T