Kusum Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2450 of 2023 Arising Out of PS. Case No.-296 Year-2021 Thana- BARAULI District- Gopalganj ====================================================== KUSUM DEVI Wife of Prahlad Manjhi R/v- Kahla, P.S.- Barauli, DistrictGopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Kumar Shukla For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act. 10 litres of country made Chulai wine has been recovered from a bush situated at canal bridge. The petitioner and several other co-accused accused persons are said to have fled away from the place of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is no recovery from

Patna High Court CR. MISC. No.2450 of 2023(2) dt.24-03-2023 2/3 the conscious possession of the petitioner.

Petitioner is agree to deposit a sum of Rs. 10,000/- (rupees ten thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, 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 learned Additional District and Sessions Judge, 2nd-cum-Special Judge, Excise-I, Gopalganj in connection with Barauli P.S. Case No.296 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be her own blood relative, preferably, father, mother, brother, sister and/or her husband. (ii) The petitioner shall not indulge herself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.2450 of 2023(2) dt.24-03-2023 3/3 The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) S.KUMAR/- U T