Patna High CourtCR. MISC./55356/2023bail granted

Khatiza Bibi v. The State Of Bihar

2023-08-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55356 of 2023 Arising Out of PS. Case No.-489 Year-2022 Thana- RAHUI District- Nalanda ====================================================== Khatiza Bibi Wife Of Sikandra Ansari Resident Of Village - Dharti Sharan, P.S. - Bengabad, District - Giridih ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Rahui P.S. Case No. 489 of 2022 registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code and Sections 30(a), 32(ii)(iii), 36 and 41(i) (ii) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a woman having clean antecedent and allegation is of recovery of 661.68 litres of liquor from a pickup vehicle.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession and she came to be implicated based on the fact that her sim card was being used

Patna High Court CR. MISC. No.55356 of 2023(2) dt.24-08-2023 2/2 by Md. Sikandar Ansari who is her husband and was apprehended at the spot, it is next submitted that the petitioner is not the owner of the seized vehicle.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rahui P.S. Case No. 489 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T