Rekha Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58364 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Rekha Jha w/o Lalan Kumar Jha, resident of village Kharonari, P.S. Kudhani, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 272, 273, 120B of the I.P.C. and Sections 30(A), 38, 41, 48 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 249 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the petitioner is alleged to be the owner of the car in question. The said car is run as taxi by the driver of the petitioner. Except for

Patna High Court Cr.Misc. No.58364 of 2018(2) dt.18-09-2018 2/2 this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 249 liters wine is recovered from the car in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Muzaffarpur in connection with Siwaipatti P.S. case No.64 of 2018 (G.R. No.1189 of 2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T