Shakuntala Devi @ Bhagtiniya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25393 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Shakuntala Devi @ Bhagtiniya Wife Of Lakhan Paswan R/O VillageKarmadhab, P.S.- Cherki, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prithivi Raj Singh For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-05-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.
The petitioner seeks bail in connection with Bodh Gaya (Cherki) P. S. Case No. 249 of 2023, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act.
As per allegation, 50 litres country made Mahua liquor was recovered from a Tempo.
Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He also
2/4 submits that the petitioner is neither the driver nor the owner of the said Tempo and she was only a passenger. He also submits that search and seizure has not been made as per the procedure as prescribed under Cr.P.C. He further submits that the petitioner has been languishing in jail since 10.03.2023.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in two other cases.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on her furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Sessions Judge cum Exclusive Special Excise Court No. -1,
3/4 Gaya, in connection with Bodh Gaya (Cherki) P. S. Case No. 249 of 2023 on the following conditions:
(i) The petitioner will make herself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of her absence or non-cooperation. She must be available to the police or the court whenever her presence is required. (iii) The petitioner 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 her from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing her and getting satisfied that the petitioner has concealed her criminal antecedents despite her knowledge of the same.
(v) In case, it is brought to the notice of the court
4/4 below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, her bail-bond will be cancelled by the court below.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) skm/- U