Patna High CourtCR. MISC./65953/2023bail granted

Rintu Kumari @ Ritu Kumari v. The State Of Bihar

2023-10-18Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65953 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== RINTU KUMARI @ RITU KUMARI, (F), aged about 38 years, W/O RANA YADAV R/O VILLAGE- KADWA, P.S- SHERGHATI, DISTT.- GAYA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-10-2023 Heard Mr. Prithivi Raj Singh, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Sharma, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Excise P.S. Case No. 49 of 2023 dated 25.07.2023 registered for the offence(s) punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 10 litres of illicit country made liquor was recovered from a motorcycle bearing Registration No. BR02AT-7413, belonging to the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits

Patna High Court CR. MISC. No.65953 of 2023(2) dt.18-10-2023 2/3 that the said motorcycle was parked near a public place which is accessible by any one. It is lastly submitted that the petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation as also the fact that petitioner has clean antecedent and recovery of illicit liquor was not made from her conscious possession, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, 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 Exclusive Special Excise Court No.3, Gaya in connection with Excise P.S. Case No. 49 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in

Patna High Court CR. MISC. No.65953 of 2023(2) dt.18-10-2023 3/3 paragraph no.3 of the bail application, this order will automatically lose its force (Purnendu Singh, J) Sanjay/- U T