Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39545 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== 1.

GEETA DEVI W/O MANOJ SAH R/O Village- Teghra Barail, P.SBabubarhi, Distt.- Madhubani. 2.

Chandrashekhar Kumar Sah S/O Ram Manohar Sah @ Manohar Sah R/O Village- Kusmar, P.S- Khutauna, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioner are persons with clean antecedent and petitioner no. 1 is a woman and allegation is of recovery of 3.6 liters of liquor from a Line Hotel.

Learned counsel for the petitioners submits that the petitioner were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.39545 of 2023(2) dt.27-06-2023 2/2 recovered from their conscious possession and they came to be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value and they were implicated in a mechanical manner being owner of the Line Hotel.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Babubarahi P.S. Case No. 86 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T