Suman Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.16180 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== SUMAN DEVI W/O Jaykant Ray Resident of Village - Baglodan Gali, P.S. - Chowk, District - Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Chowk P.S. Case No. 30 of 2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the petitioner has been made accused in this case on the allegation that she being the wife of tempo owner Jay Kant Rai the illicit liquor is being sold at her instance and except the statement of informant there is no other material to prima facie connect her with the alleged offence. It is submitted that the petitioner has no criminal antecedent.

Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.16180 of 2020(2) dt.12-06-2020 2/3 anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein this petitioner is said to be the wife of tempo owner Jay Kant Rai and on the allegation that the sale of illicit liquor was taking place at her instance she has been made accused but there is no material save and except the statement of S.I. of Police who himself is the informant of the case and further that the seizure list witnesses are not the independent persons, there being no other material prima-facie to connect the petitioner as also she has no criminal antecedent, let the petitioner above named in the event of her arrest or surrender within a period of four weeks from today in connection with Chowk P.S. Case No. 30 of 2020 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Patna, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

Patna High Court CR. MISC. No.16180 of 2020(2) dt.12-06-2020 3/3 him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. This application stands allowed.

(Rajeev Ranjan Prasad, J) avin/-rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.