Malati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33758 of 2025 Arising Out of PS. Case No.-624 Year-2024 Thana- BEUR District- Patna ====================================================== Malati Devi W/O Late Jagdeesh Manjhi R/O Beur Mushahri, P.S- Beur, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard Mr. Dhirendra Prasad Sinha, learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, learned APP for the State.
2. The petitioner is apprehending her arrest in connection with Beur P.S. Case No. 624 of 2024 for the offence under sections 30(a) and 37 of the Bihar Prohibition and Excise Amendment Act, 2022, lodged on 18.10.2024 by the informant, Prakash Singh.
3. As per the prosecution story, the informant alleged that upon checking/raid, in the presence of witnesses, altogether 31 litres Mahua was recovered/seized. This led to the FIR.
4. Learned counsel for the petitioner submits that he has no criminal antecedent nor has anything to do with the alleged recovery. Only the mobile which was dropped by her
Patna High Court CR. MISC. No.33758 of 2025(2) dt.20-05-2025 2/3 somehow was present at the spot which led to her implication.
5. Learned APP opposes the prayer submitting that from the mobile her identity could be disclosed.
6. Taking into account the submissions of the parties as also that the petitioner is a lady having no criminal antecedent, FIR is there, she will be facing the trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act-I, Patna, in connection with Beur P.S. Case No.624 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.33758 of 2025(2) dt.20-05-2025 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) anand/- U T