Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12602 of 2025 Arising Out of PS. Case No.-486 Year-2024 Thana- GANDHIMAIDAN District- Patna ====================================================== Kiran Devi Wife of Vinod Sahni Resident of Colony - Antaghat Jhopadpatti, P.O. - Bankipur, P.S. - Gandhi Maidan, District - Patna, Bihar - 800004 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Adv.
For the Opposite Party/s :
Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Gandhi Maidan P.S. Case No. 486 of 2024 dated 28-08-2024 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation is of the recovery of 32 litres of country-made liquor from a handcart.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is submitted that from the spot, one co-accused, namely Md. Khurshid, was arrested, who disclosed the name of the petitioner and merely on the basis of the confessional statement
Patna High Court CR. MISC. No.12602 of 2025(2) dt.02-04-2025 2/3 of the co-accused, Md. Khurshid, who has been released on bail by the learned court below, the petitioner has been made an accused in this case. Nothing has been recovered from the conscious possession of the petitioner. Lastly, it is submitted that one other criminal case of a similar nature is pending against the petitioner.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Gandhi Maidan P.S. Case No. 486 of 2024, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise- 2nd, Patna, subject to condition as laid down under Section 438(2) of the Cr.P.C and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father,
Patna High Court CR. MISC. No.12602 of 2025(2) dt.02-04-2025 3/3 mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T