Suman Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65163 of 2022 Arising Out of PS. Case No.-612 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== SUMAN KUMARI D/o- Rajendra Prasad Verma R/v- Kaharia, Bagodar, P.S.- Hisua, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

60 litres of country made liquor was recovered from a motorcycle.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that petitioner is not named in the FIR. It is submitted that the petitioner is the owner of the said motorcycle, therefore, she has also been made accused in

Patna High Court CR. MISC. No.65163 of 2022(2) dt.09-12-2022 2/3 the present case. It is submitted that there is no recovery from the conscious possession of the petitioner. It is also submitted that the said motorcycle was given to co-accused, Sanjeev Kumar for purchasing medicine from the market. Petitioner is agree to deposit a sum of Rs. 25,000/- (rupees twenty five thousand) in the 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 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 Exclusive Special Excise Court No.2, Nawada in connection with Rajauli P.S. Case No.612 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be her own blood relative, preferably, father, mother, brother, sister and/or her husband.

Patna High Court CR. MISC. No.65163 of 2022(2) dt.09-12-2022 3/3 (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

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