Asha Devi @ Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28789 of 2022 Arising Out of PS. Case No.-554 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== ASHA DEVI @ USHA DEVI W/O BHIKHM CHOUDHARY RESIDENT OF VILLAGE- MALDA, P.S.- SHIKARPUR, DIST.- WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29095 of 2022 Arising Out of PS. Case No.-554 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== URMILA DEVI WIFE OF SRI ANIL CHAUDHARY R/O VILLAGEMALDA, P.S.- SHIKARPUR, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 28789 of 2022) For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Bhanu Pratap Singh (In CRIMINAL MISCELLANEOUS No. 29095 of 2022) For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

2.500 litres of country made chulai liquor was

Patna High Court CR. MISC. No.28789 of 2022(2) dt.02-09-2022 2/3 recovered from the conscious possession of co-accused, Raju Chaudhary who disclosed the name of the petitioners that he purchased the said liquor from the petitioners, namely, Asha Devi and Urmila Devi.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that there is no recovery from the conscious possession of the petitioners.

Petitioner is agree to deposit a sum of Rs.10,000/- (rupees ten thousand) each in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.28789 of 2022(2) dt.02-09-2022 3/3 Special Judge, Excise, Bettiah, West Champaran in connection with Shikarpur P.S. Case No.554 of 2019, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their husband. (ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. (Anjani Kumar Sharan, J) Sanjay/- U T