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Patna High CourtCR. MISC./9272/2022bail granted

Sanju Devi v. The State Of Bihar

2022-08-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9272 of 2022 Arising Out of PS. Case No.-32 Year-2020 Thana- CHIKSAUR District- Nalanda ====================================================== SANJU DEVI WIFE OF SANTOSH KUMAR R/O VILLAGE- MIRZAPUR, P.S.- CHIKSAURA, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chiksaura P.S. Case no. 32 of 2020 instituted for the offence under Sections 25(1-b)(A)/ 25(1-A), 26(a), 27, 35, 36 of the Arms Act.

Prosecution case relates to recovery of arms, semi prepared arms and several materials for assembling the arms from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She is wife of main co-accused Santosh Kumar, from whose house arms were recovered. Husband of the petitioner

Patna High Court CR. MISC. No.9272 of 2022(2) dt.10-08-2022 2/2 was apprehended on spot. She has no concern with the manufacturing or storage of the arms. It would not be proper to implicate all family members for a single offence. Neither the petitioner was arrested nor any incriminating article has been recovered from her possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chiksaura P.S. Case no. 32 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U