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Patna High CourtCR. MISC./83279/2024bail granted

Kokisha @ Bibi Kokila @ Koshika @ Wakila Khatoon v. The State Of Bihar

2024-12-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83279 of 2024 Arising Out of PS. Case No.-133 Year-2022 Thana- BAISI District- Purnia ====================================================== Kokisha @ Bibi Kokila @ Koshika @ Wakila Khatoon Md. Matim @ Muhammad Matin Resident of Village - Garhbanaily, Park Tola, P.S- Kasba, P.O- Garhbanaily,Dist- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Tauqueer Azhar, Advocate For the Opposite Party/s :

Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-12-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending her arrest in connection with Baisi P.S. Case no.133 of 2022 registered for the offence punishable under sections 272 and 273 of the Indian Penal Code and sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on secret information having been received, the police intercepted a motorcycle. It is stated that the driver of the motorcycle managed to escape after abandoning the vehicle. On search 10.84 litres of liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner who happens to be a lady has been falsely

Patna High Court CR. MISC. No.83279 of 2024(2) dt.13-12-2024 2/2 implicated in the case. No incriminating article has been recovered from her possession. The reason for her false implication is that she happens to be the registered owner of the vehicle in question. In fact she had sold the vehicle some time back but commit the mistake of not getting the registration of the same transferred in the name of the purchaser. She has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the petitioner being lady and not having any criminal antecedent, it is directed that the petitioner above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Baisi P.S. Case no.133 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-01, Purnea.

(Partha Sarthy, J) Bibhash/- U