Mehjabin Banu @ Mehzabeen Banoo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79059 of 2024 Arising Out of PS. Case No.-698 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Mehjabin Banu @ Mehzabeen Banoo W/o Jashim Resident of village- Duba Daulatpur ward no 03, police station- Jokihat, district- Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Narpatganj (Basmatiya) P.S. Case no. 698 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise(Amedment) Act, 2018.

3. The case of the prosecution is that from a bike altogether 63 liters of Nepali country made liquor was recovered.Petitioner is a lady and she is the owner of the bike.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has falsely been implicated in this case. It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.79059 of 2024(2) dt.02-12-2024 2/2 petitioner that prior to this occurrence the bike of the petitioner was stolen and regarding that, her husband has given information before Town P.S Araria. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. 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 Nargpatganj (Basmatiya) P.S. Case No. 698 of 2023, 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 Judge Excise-I, Araria subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Suruchi/- U T