Sanju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14523 of 2025 Arising Out of PS. Case No.-60 Year-2021 Thana- BHAGWANGANJ District- Patna ====================================================== Sanju Devi Wife of Dipu Kumar Resident of Village - Begam Chak, Ganga Chak, P.S. - Masaurhi, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2025
1. Learned counsel for the petitioner submits that petitioner is an accused in Bhagwanganj P.S. Case No. 60 of 2021 but inadvertently at para 1 and in the prayer portion of the anticipatory bail application Bhagwanpur P.S. Case No. 60 of 2024 is recorded in place of Bhagwanganj P.S. Case No. 60 of 2021, as such, seeks permission to make correction at para 1 and in the prayer portion of the anticipatory bail application in course of the day.
2. Permission is accorded.
3. Heard learned counsel for the petitioner and learned A.P.P. for the State.
4. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 188 and 269 of the Indian Penal Code, Section 6 of the Epidemic Diseases Amendment Act, 2020, Sections 51 and 52 of the
Patna High Court CR. MISC. No.14523 of 2025(2) dt.02-04-2025 2/3 Disaster Management Act and Sections 30(a), 37(b)(c) and 56 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
5. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman.
6. Allegation is of recovery of 22 litres of liquor from the two vehicles as detailed in the FIR.
7. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is further submitted that petitioner came to be implicated based on the fact that she is owner of one of the seized vehicles. It is next submitted that no prudent person would use her own vehicle for committing an occurrence and thus would create evidence against herself and hence would get implicated. It is also submitted that petitioner was completely unaware that the apprehended person would misuse the vehicle in the manner as alleged.
8. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
9. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.14523 of 2025(2) dt.02-04-2025 3/3 provisional 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 court below where the case is pending/successor court in connection with Bhagwanganj P.S. Case No. 60 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
10. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T