AT PATNA CRIMINAL MISCELLANEOUS No. 10212 of 2023 · Patna High Court
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Chakravarti Singh Mr. Sanjay Kumar Tiwary 2 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State. The petitioner is apprehending her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 174.884 liters of foreign liquor and 72 liters of beer are said to have recovered from the place of the occurrence. He further submits that petitioner is made accused in the present case because she is the owner of the seized motorcycle.
He submits that petitioner is a lady. He Patna High Court CR. MISC. No.10212 of 2023(2) dt.20-04-2023 further there is no recovery made from the conscious possession of the petitioner. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 10,000.00/- (Rupees Ten Thousand) in the account of Bihar State Bar Council Welfare Fund, bearing Account No. 31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna. Considering the facts and circumstance of the case and the fact nothing recovered from the conscious possession of the petitioner, let the above named petitioner, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise Case No.
223 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions: (1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (2) The petitioner shall not indulge himself in any Patna High Court CR. MISC. No.10212 of 2023(2) dt.20-04-2023 similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Bihar State Bar Council Welfare Fund, Patna. (Anjani Kumar Sharan, J) ajay/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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