Saroj Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15021 of 2024 Arising Out of PS. Case No.-525 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== Saroj Devi Wife of Raju Chaudhary Resident of Village- Katari Pahar (Hill), P.S.- Chandauti, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheikh Arkan Ahmad For the Opposite Party/s :
Mr. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30 (a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is woman and allegation is of recovery of 14 liters of liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and after amendment in the Excise Act in year 2018 the concept of
Patna High Court CR. MISC. No.15021 of 2024(3) dt.27-06-2024 2/3 deemed possession and presumed offender has been done away with. It is also submitted that house in question is a joint family property, as such it cannot be alleged with certainty that it was petitioner who kept the liquor in the house or the liquor kept in the house was within her knowledge when she admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chandauti P.S. Case No. 525 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case in that
Patna High Court CR. MISC. No.15021 of 2024(3) dt.27-06-2024 3/3 event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) Shivam/- U T