Patna High CourtCR. MISC./60651/2023allowed

Arti Kumari v. The State Of Bihar

2023-10-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60651 of 2023 Arising Out of PS. Case No.-597 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Arti Kumari, Wife Of Pawan Kumar Resident Of Village- Riur, P.S.- Narari, Kala Khurda, Distt- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Excise P.S. Case No. 597 of 2023 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment)Act, 2018.

3. As per the prosecution case, there is recovery of total 7.560 litres of country made wine from the back seat of the motorcycle.

4. Learned counsel for the petitioner submits that the husband of the petitioner had purchased the motorcycle in her name. She was not driving the motorcycle. Motorcycle was taken by the friend of the husband of the petitioner on the date of occurrence. Petitioner is a lady having no criminal

Patna High Court CR. MISC. No.60651 of 2023(2) dt.11-10-2023 2/2 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 submission 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 Special Judge, Excise 2nd, Aurangabad, Bihar in connection with Excise P.S. Case No. 597 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U