Sangeeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9492 of 2023 Arising Out of PS. Case No.-146 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== SANGEETA DEVI WIFE OF PAPPU MAHTO R/O VILL./MOHALLAMISRIGANJ, PATEL CHOWK, NAKA NO. 2, P.S.- LALIT NARAYAN MITHILA UNIVERSITY, DISTT.- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Prasad For the Opposite Party/s :
Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 47.400 liters of Nepali country made liquor is said to have been recovered from a scooty and petitioner being the owner of the said scooty has been made accused in this case. The said scooty is drived by her son. Petitioner has no concern either with the
Patna High Court CR. MISC. No.9492 of 2023(2) dt.19-04-2023 2/3 seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. Petitioner has no criminal antecedent as mentioned in para-3 of this 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 : SBIN0010340, State Bank of India, High Court Campus Branch, Patna.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, 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 Court below where the case is pending/successor Court in connection with Rahika P.S. Case No. 146 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be his own blood relative,
Patna High Court CR. MISC. No.9492 of 2023(2) dt.19-04-2023 3/3 preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any 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 deposit of the aforesaid amount in the account of Bihar State Bar Council Welfare Fund.
(Anjani Kumar Sharan, J) Trivedi/- U T