Suganti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65591 of 2022 Arising Out of PS. Case No.-471 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== Suganti Kumari D/O Basant Rajbanshi @ Basant Rajvanshi Resident Of Village- Sira, P.S.- Atri, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Akbarpur P.S. Case no. 471 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 20 liters country made liquor from a motorcycle bearing registration no. BR27L-4570.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. A statement has been made in para 3 of the petition that petitioner has got no criminal antecedent. It is submitted that the

Patna High Court CR. MISC. No.65591 of 2022(2) dt.09-12-2022 2/3 petitioner is registered owner of the vehicle in question but she has no concern with the alleged recovery of illicit liquor. Being a owner of the said vehicle, the name of the petitioner came into light. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that the motorcycle from where recovery has been made, belongs to this petitioner. The petitioner is directed to deposit a sum of Rs. 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Akbarpur P.S. Case no. 471 of 2022, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1st Nawada subject to the conditions as laid down under section

Patna High Court CR. MISC. No.65591 of 2022(2) dt.09-12-2022 3/3 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) amandeep/- U T