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Patna High CourtCR. MISC./75045/2023allowed

Rinku Kumari v. The State Of Bihar

2023-12-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75045 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== Rinku Kumari Wife Of Ranjan Paswan Resident Of Village - Bahadurpur, P.S. - Fafiganj, Distrcit - Aurangabad. At Presnet Near D.N. Collage, P.S. - Daudnagar, Distrcit - Aurrangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 5 liters of Mahua liquor has been recovered from the vehicle. He further submits that the petitioner is the owner of the said vehicle, therefore, she has been made accused in this case. He submits that there is no recovery made from the conscious possession of the petitioner. He further submits that petitioner has got no criminal antecedent

Patna High Court CR. MISC. No.75045 of 2023(2) dt.05-12-2023 2/3 as stated in para-3 of the bail application.

4. Petitioner is agreed to deposit a sum of Rs. 5,000.00/- (Rupees Five Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

5. Considering the facts and circumstance of the case, let the above named petitioner, 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 the learned court below where the case is pending/successor court in connection with Rafiganj P.S. Case No. 177 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid

Patna High Court CR. MISC. No.75045 of 2023(2) dt.05-12-2023 3/3 amount in the account of Patna High Court Legal Services Committee, Patna.

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