Seema v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78351 of 2023 Arising Out of PS. Case No.-285 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== SEEMA wife of Kulbeer @ Kulveer Village- Panna Jindran 501, Po- Bharan Ps- Rohtak Dist- Rohtak ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kanchan Jha, Adv.
For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Altogether, 7482.96 foreign liquor, one android phone and 300 kg rice musk have been recovered from the seized truck. The driver of the said truck was apprehended on the spot.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. She has no concern either with the seized liquor or any trade of liquor. She was not apprehended on the spot. Her name has been transpired in the
Patna High Court CR. MISC. No.78351 of 2023(2) dt.11-12-2023 2/3 present case merely because she is owner of the seized truck. The allegation levelled against the petitioner is totally false and based on concocted facts. The real fact is that she gave the said vehicle to one Dinesh Kumar @ Dinesh Kumar Bishnoi. An agreement was also made vide deed no. X 561208 dated 20.06.2023 for one year i.e. from 16.06.2023 to 15.06.2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Petitioner is agreed to deposit a sum of Rs. 50,000.00 (Rupees Fifty Thousand) in account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Udwant Nagar (Gajrajganj) P.S. Case No. 285 of 2023, subject to the condition as laid down under Section
Patna High Court CR. MISC. No.78351 of 2023(2) dt.11-12-2023 3/3 438 (2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or her husband.
(2) The petitioner shall not indulge herself in any similar offence till conclusion of the trial.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T