Poonam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70537 of 2022 Arising Out of PS. Case No.-188 Year-2022 Thana- KUTUMBA District- Aurangabad ====================================================== POONAM KUMARI W/o Shailesh Paswan R/v- Etar, P.S.- Paithu, DistrictAurangabad And at present, R/v- Simrahuwa, P.S.- Fesar, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 3 liters of liquor from a motorcycle. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from her conscious possession, it is next submitted that she came to be implicated being owner of the motorcycle, it is next submitted that no prudent person would use his/her own vehicle for committing an occurrence and thus create evidence against himself/herself. It is further submitted that petitioner was

Patna High Court CR. MISC. No.70537 of 2022(2) dt.19-12-2022 2/2 completely unaware that her friend would misuse the vehicle in the manner as alleged.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kutumba P.S. Case No. 188 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Further, the learned Trial Court before accepting the bail bonds shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even a single case then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) Rishabh/- U T