Putul Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52167 of 2022 Arising Out of PS. Case No.-227 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

PUTUL KUMARI W/o Dudhan Sah, D/o Ram Prakash Sah R/o villageItawa, Ward No. 16, P.O.- Dumari, P.S.- Muffasil (Singhoul O.P.), Distt.- Begusarai, At present resident of Village- Rajopur, Katarmala, P.S.- Nimachandpura, District- Begusarai 2.

Niranjan Kumar S/o Late Dhanik Lal Kunwar @ Dhanik Lal Kunwar @ Dhanik Lal Kumar R/o village- Itawa, Ward No. 16, P.O.- Dumari, P.S.- Muffasil (Singhoul O.P.), Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-10-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.1 is a woman and allegation is of recovery of 198 litre of liquor from the courtyard of co-accused 'Ranjan Kumar'.

Patna High Court CR. MISC. No.52167 of 2022(2) dt.12-10-2022 2/3 Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that petitioners are not named in the FIR, but were made accused merely because two vehicles were seized without liquor from a place outside the house of Ranjan Kumar, thus based on suspicion the petitioners came to be implicated Learned counsel for the petitioners submits that it absolutely does not stand to reason that on what basis police has implicated the petitioners when admittedly nothing was seized from their possession, nor anything was recovered from the vehicles which were seized.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.52167 of 2022(2) dt.12-10-2022 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Town P.S. Case No. 227 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T