Aarti Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84229 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- Araria Sangram District- Madhubani ====================================================== Aarti Kumari D/o Sonai Sah @ Somai R/o Village- Belmohan, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 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 u/s 274, 275,3(5) of BNS and 30(a) of Bihar Prohibition and Excise Act, 2018.
3. Altogether 36.600 liters of illicit Nepali liquor is said to have been recovered from motorcycle of the petitioner. Two persons were apprehended on the spot.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. 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
Patna High Court CR. MISC. No.84229 of 2024(2) dt.16-12-2024 2/3 apprehended on the spot and her name transpired only because she is the owner of the said motorcycle. On the date of occurrence, the cousin brother of the petitioner had taken the key of the motorcycle because his mother was ill and he had gone to the hospital. Petitioner has no criminal antecedent.
5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the 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 Araria Sangram P.S. Case No.54 of 2024 corresponding to G.R. No. 668 of 2024, subject to the condition as laid down under Section 482(2) of BNSS, 2023, with the following conditions:
(i) That one of the bailors will be a close relative of
Patna High Court CR. MISC. No.84229 of 2024(2) dt.16-12-2024 3/3 the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) priyanka/- U T