Guriya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66611 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- KIUL District- Lakhisarai ====================================================== GURIYA KUMARI W/o Sandip Ram Resident of Village - Samera, P.s.- Sarmera, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishor Prasad For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 272, 273 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act, 2016. 84 liters of country-made liquor has been recovered from the motorcycle of the petitioner.

From perusal of F.I.R., it is apparent that F.I.R. has been lodged against unknown and only on the basis of fact that petitioner is registered owner of the motorcycle in question, she has been made accused. No incriminating article has been recovered from the conscious possession of petitioner. It is further submitted that the alleged motorcycle has been stolen away prior to the occurrence, for which, an application has already been given before Sarmera Police Station (Annexure -

2) and she has got clean antecedent.

Patna High Court CR. MISC. No.66611 of 2021(2) dt.24-05-2022 2/2 Considering the fact that no incriminating article has been recovered from the possession of petitioner and petitioner is lady, having no criminal antecedent, in the event of her arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge Excise Act, Lakhisarai in connection with Kiul P.S. Case No. 87 of 2021, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay/- U T