Patna High CourtCR. MISC./30725/2021bail granted

Sita Devi @ Janki Devi v. The State Of Bihar

2021-08-21Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30725 of 2021 Arising Out of PS. Case No.-36 Year-2021 Thana- PATNA CITY CHOWK District- Patna ====================================================== SITA DEVI @ JANKI DEVI W/O JAYKANT RAI Resident of Baglodan Gai, P.S.- Chowk, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-08-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending her arrest in Chowk P.S. Case No. 36 of 2021 corresponding to Special Case No. 857 of 2021 registered for the offence under Sections188/120(B) of the Indian Penal Code and Sections-30(a), 32/41(i)/41(ii) & 41 of the Bihar Prohibition and Excise Act, 2018.

The prosecution case, in short, is that 1120.41 liters wine is recovered.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.30725 of 2021(2) dt.21-08-2021 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 1120.41 liters wine is recovered from joint house of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Chowk P.S. Case No. 36 of 2021 corresponding to Special Case No. 857 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.30725 of 2021(2) dt.21-08-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T