Chandani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25922 of 2023 Arising Out of PS. Case No.-549 Year-2022 Thana- BIKRAM District- Patna ====================================================== 1.

CHANDANI DEVI WIFE OF SANJAY SINGH @ SANJAY KUMAR VILLAGE MORIYAWAN, PS- BIKRAM , DISTRICT- PATNA 2.

REKHA DEVI WIFE OF RAJ KUMAR RESIDENT OF VILLAGEMORIYAWAN, PS- BIKRAM, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhukar Anand,Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 467, 468, 420, 120B of the Indian Penal Code and 30(a)(b), 32(ii)(iii), 36, 41(i) (ii), 56 and 62 of the Bihar Excise Act. Learned counsel for the petitioners submits that the petitioners are women and are persons with clean antecedent and allegation is of recovery of 7747.44 liters of liquor from a godown. The learned counsel submits petitioners are not named in the FIR by name but are implicated as land owners. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is further

Patna High Court CR. MISC. No.25922 of 2023(2) dt.16-05-2023 2/2 submitted that the petitioners being owner of the godown had given the godown on rent to one Pushkar Kumar @ Suddu and as such, was not aware that the tenant would misuse the premises in the manner as alleged in the FIR. It is further submitted that no prudent person would use his/her own premises for committing a crime and create evidence against himself/herself and thus would get implicated easily.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 1,000/- (Rupees One Thousand) each 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 Bikram P.S. Case No. 549 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T