Shweta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86370 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- SONBERSA District- Saharsa ====================================================== Shweta Kumari, D/O Bindeshwari Prasad, wrongly written in F.I.R. is husband, R/O Village - Professor Colony, P.S. and District- Dhanbad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Sonbarsa Raj P.S. Case No.154 of 2019, registered, for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

The allegation against the petitioner as per the first information report is that the police intercepted a pick up van and recovered about 414 litres of illicit liquor from that van and also arrested driver of the van, namely, Basuki Yadav, who disclosed that the petitioner is the owner of the said pick up van and the driver was told to deliver the wine to one Raju at Saharsa.

Patna High Court CR. MISC. No.86370 of 2019(2) dt.28-02-2020 2/3 Mr. Sheo Shanker Sharma, learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case merely on the basis of the fact that he happens to be the owner of the seized pick up van. Learned counsel further submits that driver had taken the vehicle of the petitioner on 13.09.2019 and was not returning the same for which the petitioner had made a complaint before the Sadar P.S on 13.09.2019 and the said vehicle was intercepted by the police on 15.09.2019. Learned counsel further submits that the petitioner has got no criminal antecedent.

After having heard learned counsel for the parties and taking into consideration the fact that the driver of the vehicle was arrested by the police along with illicit liquor and the petitioner is a lady and is having no criminal antecedent and no illicit liquor has been recovered from her conscious possession, I am inclined to grant anticipatory bail to the the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by her, she shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.86370 of 2019(2) dt.28-02-2020 3/3 Addl. Sessions Judge-II-cum-Special Judge (Excise), Saharsa, in connection with Sonbarsa Raj P.S. Case No.154 of 2019 subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T