Pandhukiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13106 of 2023 Arising Out of PS. Case No.-538 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== 1.
Pandhukiya Devi Wife Of Vinod Sahni R/O Village- Chaklalshahi Tola Saidpur, P.S.- Tajpur (HALAI O.P.), District- Samastipur 2.
Pila Devi D/O Parikshan Sahni R/O Village- Chaklalshahi Tola Saidpur, P.S.- Tajpur (HALAI O.P.), District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and section 30 (a) of the Bihar Prohibition and Excise Act.
As per FIR, 14 liters country made liquor was recovered from the bush beside house of Binod Sahni at the bank of river.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Allegation against the petitioner is that after seeing the
Patna High Court CR. MISC. No.13106 of 2023(2) dt.28-04-2023 2/3 police party, they fled away from the place of occurrence. No incriminating article have been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 10,000 ( ten thousand) each in the account of Bihar State Bar Council Welfare Fund bearing Account No.31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Tajpur P.S. Case No. 538 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be her own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioners shall not indulge herself in any
Patna High Court CR. MISC. No.13106 of 2023(2) dt.28-04-2023 3/3 similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Bihar State Bar Council Welfare Fund, Patna.
(Anjani Kumar Sharan, J) N.K/- U T