Jitan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35045 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Jitan Devi, Wife Of Shambhu Manjhi, R/O Mohalla- Bahadurpur Musahari, P.S.- Bahadurpur, Dist-Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 30(a), 32(2)(3), 36 and 41(i)(ii) of the Excise Act and Sections 341, 323, 353, 504, 427, 337 and 338 of the I.P.C.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 20 litres of liquor from the hut of Kundan Kumar.

4. The learned counsel for the petitioner submits that petitioner came to be implicated in the instant case with an allegation that when police had reached the hut of Kundan, the accused persons including the petitioner attacked the police force and damaged the vehicle with a view to free Kundan Kumar. It is

Patna High Court CR. MISC. No.35045 of 2024(2) dt.17-05-2024 2/2 next submitted that petitioner is not related to Kundan Kumar and being neighbour was present at the place of occurrence and thus, came to be implicated.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Patna City, Patna in connection with Bahadurpur P. S. Case No.53 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail application shall not be given effect to. (Satyavrat Verma, J) vikash/- U T