Girdhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.577 of 2022 Arising Out of PS. Case No.-115 Year-2021 Thana- RAHIKA District- Madhubani ====================================================== Guria Devi, W/O Sahdeo Paswan R/O Village- Kharahua, P.S.- Rahika, District- Madhubani ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7820 of 2022 Arising Out of PS. Case No.-115 Year-2021 Thana- RAHIKA District- Madhubani ====================================================== Girdhari Yadav, S/O Rajeshwar Yadav Resident Of Ward No. 06, VillageRahika (Petrol Pump), P.S.- Rahika, District- Madhubani ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 577 of 2022) For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Damodar Prasad Tiwary (In CRIMINAL MISCELLANEOUS No. 7820 of 2022) For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2022 CRIMINAL MISCELLANEOUS No.577 of 2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

2/4 The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 3335.820 litre of liquor from the house of Sahdev Paswan.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession and she came to be implicated based on secret information merely because she is wife of Sahdev Paswan.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a person with clean antecedent and is a woman, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 3,000/- (Rupees Three Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Rahika P. S. Case No.115 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

CRIMINAL MISCELLANEOUS No. 7820 of 2022

3/4 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273, 420, 414, 467, 468/ 34 of the I.P.C. and Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 3335.820 litre of liquor from the house of Sahdev Paswan.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the alleged recovery is shown from the house of Sahdev Paswan and has absolutely no connection with Sahdev Paswan.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a person with clean antecedent and is a woman, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.

4/4 3,000/- (Rupees Three Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Rahika P. S. Case No.115 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T