Ful Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72472 of 2021 Arising Out of PS. Case No.-138 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== FUL KUMARI D/o Hareram Yadav Resident of Village - Kurathiya Bhadwar, P.S. - Brahmpur, District - Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 43.2 litres of foreign liquor has been recovered from a motorcycle. It is submitted that the said motorcycle was used by several persons. The petitioner has been made accused in this case on the basis of the fact that the motorcycle is in the name of the petitioner. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.

Petitioner is agree to deposit a sum of Rs. 20,000/-

Patna High Court CR. MISC. No.72472 of 2021(3) dt.06-07-2022 2/2 (rupees twenty thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the facts aforesaid and the fact that there is no recovery from the conscious possession of the petitioner, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-4th-cum-Special Judge, Excise, Bhojpur at Ara in connection with Shahpur P.S. Case No.138 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount deposited in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Sanjay/- U T