Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32030 of 2022 Arising Out of PS. Case No.-199 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

KALAWATI DEVI W/o Rudal Ram Resident of Basopatti, P.S.-Yogapatti (Sanichari), District-West Champaran.

2.

RAJU RAM BASOPATTI PS YOGAPATTI SANICHARI DISTRICT WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-09-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 272/273 of IPC and u/s 30(a) of the Bihar Excise Act, 2016.

Altogether 1 1⁄2 litres of country made liquor is said to have been recovered from a Khadar (fertilizer) kept near electric transformer.

Learned counsel for the petitioners submits that petitioners are quite innocent and have not committed any offence as alleged

Patna High Court CR. MISC. No.32030 of 2022(2) dt.09-09-2022 2/3 in the FIR. Petitioners have been falsely implicated in this case at the instance of their enemies. Their names transpired in this case on the basis of suspicion. Petitioners have neither been apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the seized liquor or any trade of liquor. The alleged place from where the recovery has been made is an open and abundant place at the flank of road which is accessible to all. The house of the petitioners was also raided but nothing has been found. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioners are agreed to deposit a sum of Rs.10,000.00/- (Rupees Ten Thousand) each in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 the learned

Patna High Court CR. MISC. No.32030 of 2022(2) dt.09-09-2022 3/3 Court below, where the case is pending/Successor court, in connection with Yogapatti (Sanichari) P.S Case No.199 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00/- (Rupees Ten Thousand) each in the Patna High Court Legal Services Committee.

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