BAIL APPLICATION 33 of 2020 on 24 December 2019

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26-03-2025

IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.85590 of 2024

Arising Out of PS. Case No.-33 Year-2020 Thana- SHIVSAGAR District- Rohtas ======================================================

Paramjit Kaur W/o- Mukhtyar Singh Resident of Mohalla- Gurunanak ColonyKhaudalpur PS- Bilaspur District- Rampur Uttar Pradesh

... ... Petitioner/s

Versus

The State of Bihar

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEYORAL ORDER

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connectionwith Shivsagar P.S. Case No. 33 of 2020 registered for theoffences punishable under Sections 30(a) and 41 of the BiharExcise Act.

3. Learned counsel for the petitioner submits that the petitioner is a lady with clean antecedent and allegation is ofrecovery of 3827.52 liters of liquor from two trucks as detailedin the FIR.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated this case. Nothing hasbeen recovered from her conscious possession and she came tobe implicated based on the fact that she is the owner of one of the seized trucks but in reality she is not owner of the saidvehicle at present as on 24.12.2019 she sold the said vehicle toone Gurmit Singh after receiving consideration money. Theparties signed sale agreement which has been brought asAnnexure P/2 to the bail application. It is next submitted that noprudent person would use his/her own vehicle for committing anoccurrence. It is further submitted that petitioner wascompletely unaware that Gurmit Singh would misuse thevehicle in the manner as alleged. The petitioner is a lady and hasclean antecedent. It is lastly submitted that co-accused BhagavatSingh has been enlarged on anticipatory bail by a coordinateBench of this Court vide order dated 16.04.2024 passed in Cr.Misc. no. 28683 of 2024.

5. Learned A.P.P. for the State opposes the prayer foranticipatory bail of the petitioner.

6. Considering that the petitioner who happens to be alady had already relinquished her ownership in favour of oneGurmit Singh way back on 24.12.2019 though no propertransfer of paper had taken place and that co-accused BhagavatSingh who was the owner of the other seized truck having beengranted bail, let the petitioner above-named, in the event of herarrest or surrender before the learned trial court within a period Prakash/- U

of six weeks from today, be released on anticipatory bail onfurnishing bail bonds of Rs. 1,000/- (Rupees One Thousand)with two sureties of the like amount each to the satisfaction ofthe learned trial court where the case is pending/successor courtin connection with Shivsagar P.S. Case No. 33 of 2020 subjectto the conditions as laid down under Section 438 (2) of theCr.P.C.

7. However, it is made clear the learned Trial Courtbefore accepting the bail bonds of the petitioner shall verify thecriminal antecedent of the petitioner and in the event if it isfound that petitioner has antecedent of even one case in thatevent, the present anticipatory bail order shall not be giveneffect to.

(Sourendra Pandey, J)