Lilawati Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32480 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- ARWAL District- Jehanabad ====================================================== Lilawati Kumari, Wife of Nand Kishor Ram, Resident of Village- Motha, Post- Bhadashi, Police Station- Arwal, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Manoj Kumar, Advocate Sri Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Sri Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Manoj Kumar, learned counsel, assisted by Sri Sanjay Kumar Singh, learned counsel for the petitioner and learned Additional Public Prosecutor.

The sole petitioner, who is a lady , apprehending her arrest in connection with Arwal P.S. Case No. 101 of 2018 , registered for the offence under Section 30A of the Bihar Prohibition & Excise Act, 2016 , has prayed for grant of bail in the event of her arrest or surrender.

Learned counsel for the petitioner at the very outset has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. It has been argued that it is true that petitioner is the registered owner of the Scorpio from which 90 liters of Indian make foreign liquor was recovered, but in the F.I.R. itself nothing

Patna High Court Cr.Misc. No.32480 of 2018(3) dt.26-06-2018 2/2 has been indicated that anyone had seen any female fleeing away. It has been argued that petitioner being lady was only named lender of the vehicle in question, otherwise petitioner was having no connection with the transaction or movement of the vehicle.

Be that as it may, considering the fact that petitioner is a lady and having clean antecedent as well as the fact that in the F.I.R. it has not been indicated that any lady was seen fleeing away, there is no reason to refuse the prayer for grant of anticipatory bail to the petitioner.

Accordingly, in the event of her arrest or surrender within a period of six weeks from today, let the petitioner Lilawati Kumari 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 Additional Sessions Judge - II, Jehanabad/ concerned court in connection with Arwal P.S. Case No. 101 of 2018 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U