Komal Khatri @ Komal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59147 of 2023 Arising Out of PS. Case No.-411 Year-2020 Thana- BISFI District- Madhubani ====================================================== Komal Khatri @ Komal, D/O Narendar Singh, Resident Of 64, Madan Park, East Punjabi Bagh, West Delhi, Delhi- 110026 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Navendu Kumar, Advocate For the Opposite Party/s :
Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in connection with G.R. No. 1707 of 2020 arising out of Bisfi P.S. Case No. 411 of 2020 instituted under Sections 272 & 273 of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act.
3. There is recovery total 375 ml of English wine from the vehicle in which co-accused has been arrested.
4. Learned counsel for the petitioner submits that the petitioner is the owner of the seized vehicle and there is no recovery made from physical or conscious possession of the petitioner. The said vehicle was driven by the driver coming
Patna High Court CR. MISC. No.59147 of 2023(2) dt.08-09-2023 2/2 from Delhi and the petitioner has no concern with the said recovered wine. Petitioner is a lady having no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Sessions Judge-II-cum- Special Judge, Excise Act, Madhubani in connection with G.R. No. 1707 of 2020 arising out of Bisfi P.S. Case No. 411 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) khushbu/- U T