Sangeeta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2299 of 2024 Arising Out of PS. Case No.-93 Year-2020 Thana- RISIYAP District- Aurangabad ====================================================== Sangeeta Kumari Wife Of Teju @ Vimlesh Paswan Resident Of Village - Dhanaw, P.S. - Jamhor, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 31-01-2024 Heard Mr. Rahul Kumar Singh, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends her arrest in connection with Risiyap P.S. Case No. 93 of 2020, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The police, on confidential information, intercepted a black colour passion motorcycle bearing registration No. BR26G 7835 and apprehended one person. On search, total 37.5 litres illicit liquor was recovered.

4. It is submitted on behalf of the petitioner that the name of the petitioner has been implicated in this case on account of she being the owner of the motorcycle, save and

Patna High Court CR. MISC. No.2299 of 2024(2) dt.31-01-2024 2/3 except the aforesaid fact there is no material on record suggesting the complicity of the petitioner nor there is allegation that she was present at the place of occurrence. It is further submitted that since the motorcycle was gifted by her father to co-accused Teju Paswan, who was apprehended by the police and the petitioner was not even knowing this fact that her husband along with other persons are involved in trafficking the illicit wine. He lastly submits that the petitioner is a lady having fair antecedent.

5. On the other hand, learned counsel for the State opposed the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that only on account of the petitioner being the owner of the motorcycle in question from where recovery of illicit wine has been made, her name has been implicated, coupled with the fair antecedent and the fact that the petitioner is a lady, let the petitioner abovenamed be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.2299 of 2024(2) dt.31-01-2024 3/3 Special Judge Excise-II, Aurangabad in connection with Risiyap P.S. Case No. 93 of 2020, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T