Rajiya Khatoon @ Rajiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84559 of 2024 Arising Out of PS. Case No.-65 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== Rajiya Khatoon @ Rajiya WIFE OF of Md. Tahir R/O Village - Baldiha, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Udeshya Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Jaynagar P.S. Case No. 65 of 2019, dated 12.02.2019, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the allegation, 45 litres of illicit liquor has been recovered from the motorcycle bearing registration no. BR32K6176 and the driver of the motorcycle was arrested on the spot. The petitioner is the owner of the motorcycle in question.
Patna High Court CR. MISC. No.84559 of 2024(2) dt.11-12-2024 2/3
4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner had sold her vehicle to one Amit Kumar on 05.01.2019 itself, hence, she is not connected with the alleged offence.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has no criminal antecedent.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. A.D.J.- II, Madhubani, in connection with Jaynagar P.S. Case No. 65 of 2019, subject to the conditions as laid down under Section 438
(2) Cr.P.C. and on the following conditions:
Patna High Court CR. MISC. No.84559 of 2024(2) dt.11-12-2024 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) Guddu/- U T