Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9422 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- KANHAULI District- Sitamarhi ====================================================== SUNITA DEVI W/O Bhola Ray R/O Village- Madhukarpur Ward No- 7, P.SKanhauli District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 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 341, 324, 333, 353, 504, 506 and 34 of the Indian Penal Code and Sections 30(A)/45 of Bihar Prohibition and Excise Act. From a sack kept behind the house of the petitioner, 36 litres of Nepali Saufi wine has been recovered. 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 conscious possession of the petitioner.

Patna High Court CR. MISC. No.9422 of 2023(2) dt.20-04-2023 2/3 Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Petitioner is agree to deposit a sum of Rs.10,000/- (rupees ten thousand) in the account of Bihar State Bar Council Welfare Fund, bearing Account No.31861041899, IFSC Code: SBIN0010340, High Court Campus 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 Exclusive Special Excise Court-1, Sitamarhi in connection with Kanhauli P.S. Case No.157 of 2022, 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. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.9422 of 2023(2) dt.20-04-2023 3/3 the learned court below on showing receipt of deposit of the aforesaid amount in Bihar State Bar Council Welfare Fund. (Anjani Kumar Sharan, J) S.KUMAR/- U T