Moili Devi@Bindy Devi@Bindu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39141 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== Moili Devi@Bindy Devi@Bindu Devi Wife Of Seth Chaudhari @ Seth Sahni Resident Of Village- Hathiyahi, Ps- Pipra Kothi, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable Sections 272, 273, 308, 34 of the Indian Penal Code and Section 30 (a)/32/36/41(i) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 80 liters of country made liquor is said to have been recovered from the place of occurrence. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The place of recovery is an open place and easily accessible to anyone. Petitioner has no criminal

Patna High Court CR. MISC. No.39141 of 2023(2) dt.03-08-2023 2/3 antecedent as mentioned in para-3 of this application.

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

5. 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 Pipra Kothi P.S. Case No. 45 of 2023, 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 her own blood relative, preferably, father, mother, brother, sister and/or her husband.

(2) The petitioner shall not indulge herself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.39141 of 2023(2) dt.03-08-2023 3/3 the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

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