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Patna High CourtCR. MISC./57889/2023allowed

Neelam Kumari v. The State Of Bihar

2023-09-05Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57889 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- MANSAHI District- Katihar ====================================================== Neelam Kumari W/O Rakesh Kumar Singh, D/O Jawahar Chaudhary R/O Vill Daheriya Old Jute Mills, P.S.- Nagar, Dist.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Adv For the Opposite Party/s :

Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner apprehends her arrest in connection with Mansahi P.S.Case No. 81 of 2023 instituted under Section 30(a) of Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 18.075 liters of foreign liquor was recovered from Scooty of the petitioner.

4. Learned counsel for the petitioner submits that petitioner's Scooty was taken by labourer for some work and the petitioner has no concern with the seized liquor. The petitioner is a lady having clean antecedent. Nothing has

Patna High Court CR. MISC. No.57889 of 2023(2) dt.05-09-2023 2/2 been recovered from her conscious possession.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of her 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 cum Special Judge Excise-II Katihar in connection with Mansahi P.S.Case No. 81 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) N.K/- U T