Tala Beti @ Beti @ Tiliya Devi @ Roshani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46045 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- RANIGANJ District- Araria ====================================================== TALA BETI @ BETI @ TILIYA DEVI @ ROSHANI DEVI W/O- TALA TUDU @ ANAND SOREN @ AANAND KUMAR MARANDI VILLAGEKOHWARD BISHANPUR, WARD NO. 08, P.S.- RANIGANJ, DISTT.- ARARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-07-2024 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and the State.
2. The petitioner is apprehending her arrest in connection with Raniganj P.S. Case No. 130 of 2024 for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act lodged on 03.04.2024 by the informant, Vivek Prasad.
3. As per the prosecution story, the informant alleged that upon secret information, reached the house of the petitioner, the accused managed to escape and upon search, 20 liters country made liquor recovered/seized.
4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession, it is
Patna High Court CR. MISC. No.46045 of 2024(2) dt.24-07-2024 2/3 a joint house and further, she do not have criminal antecedent.
5. Learned APP opposes the prayer.
6. Taking into account the fact that the petitioner is a lady, recovery is from joint house and do not have criminal antecedent, this Court is inclined to extend her the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court-1, Araria, in connection with Raniganj P.S. Case No. 130 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.46045 of 2024(2) dt.24-07-2024 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) kiran/- U T