Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34415 of 2021 Arising Out of PS. Case No.-47 Year-2019 Thana- NTPC KHAIRA District- Aurangabad ====================================================== POONAM DEVI Wife of Sri Sharwan Ram Resident of Village - Basantpur P.O.- Khadha, P.S. - NTPC Khaira, Kerka, District - Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 79.2 liters of country made liquor is said to have been recovered from the Luna motorcycle, which does not belong to the

Patna High Court CR. MISC. No.34415 of 2021(2) dt.21-12-2021 2/3 petitioner. She has no concern either with the seized liquor or the place of recovery or any trade of liquor. She has been falsely implicated in this case at the instance of his enemy. She is not named in the F.I.R. and has no criminal antecedent as mentioned in para-3 of this application.

Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with NTPC Khaira P.S. Case No. 47 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or her husband.

Patna High Court CR. MISC. No.34415 of 2021(2) dt.21-12-2021 3/3

(2) The petitioner shall not indulge herself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) Trivedi/- U T