Madodari Nut @ Pinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12026 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Madodari Nut @ Pinku Devi, aged about 30 years, Gender-Female, Wife of Amresh Nut @ Langra, Resident of Village- Bishrampur Tola, P.S- Sasaram (Mufassil), District- Rohtas at Sasaram ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Sasaram (Mufassil) P.S. Case No. 151 of 2018, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

On the basis of a secret information, the Police has raided the house of one Pyaju Nut, from there 13.5 liters of Mahua liquor has been recovered.

Learned counsel for the petitioner submits that Pyaju Nut has already died on 21.11.2014, but has been made an accused in the present case.

It appears that there is serious lapses on the part of

Patna High Court CR. MISC. No.12026 of 2019(2) dt.27-02-2019 2/2 the Police as without proper verification they have made Pyuju Nut as an accused when he has already died.

As the petitioner is a lady having no criminal antecedent, let the above-named petitioner, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-IIcum- Special Judge, Excise, Rohtas at Sasaram, in connection with Sasaram (Mufassil) P.S. Case No. 151 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

However, at the time of accepting the bail bonds, the Court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 25.02.2019, then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T