Maha Sundari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39713 of 2025 Arising Out of PS. Case No.-140 Year-2017 Thana- PATNA CITY CHOWK District- Patna ====================================================== Maha Sundari Devi W/O Upendra Rai Resident of Village- Sukumarpur, P.SRaghopur, Distt.- Vaishali. At present Address- Kanganghat, P.S- Chowk Patna City, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Adv For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chowk P.S Case No. 140 of 2017 registered for the offences punishable under Sections 375, 427, 186, 332, 353, 504, 411, 145, 149 of I.P.C and Section 20, 25(a), 27 of the NDPS Act.

3. As per allegation in the FIR, petitioner and other accused persons have stolen public properties like three steel halling pipe of 30 feet, banner of Tourism Department, 500 meter electric cover wire, 400 meter naked wire, 450 bricks and one electric pole.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.39713 of 2025(2) dt.25-06-2025 2/3 petitioner has falsely been implicated in this case. He next submits that nothing has been recovered from the conscious possession of the petitioner rather all articles has been recovered from the house of the co-accused namely Ravindra Kumar and his family members. Petitioner has nothing to do with the said articles. He further submits that the petitioner's name has been figured only and only due to the enmity with the informant. Petitioner possesses clean antecedent. He further submits that other co-accused has already been granted bail vide Cr. Misc. No. 59403 of 2024.

5. However, learned APP for the State oppose the prayer for anticipator bail of the petitioner.

6. On perusal of the FIR, impugned order dated 06.05.2025, it appears that nothing has been recovered from the conscious possession of the petitioner and also other accused person have been granted anticipatory bail vide Cr. Misc. No. 59403 of 2024 against the petitioner and considering the aforesaid facts and circumstance of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail in the event of his arrest or surrender before the Trial Court within a period of six weeks from today on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge

Patna High Court CR. MISC. No.39713 of 2025(2) dt.25-06-2025 3/3 NDPS-II, Patna in connection with Chowk P.S Case No. 140 of 2017 subject to the condition laid down under Section 438(2) of Cr.P.C.

(Ramesh Chand Malviya, J) sunnykr/- U