Bhukho Devi @ Bhukhli Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42759 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== 1.
Bhukho Devi @ Bhukhli Devi Wife Of Manoj Paswan Resident Of Gachhi Tola Ward No.- 30, P.S.- Begusarai Town, District- Begusarai. 2.
Rakhi Devi Wife Of Chandan Paswan Resident Of Gachhi Tola Ward No.- 30, P.S.- Begusarai Town, District- Begusarai. 3.
Gayatri Devi @ Gayatr Devi @ Salona Devi Wife Of Saroj Paswan Resident Of Gachhi Tola Ward No.- 30, P.S.- Begusarai Town, District- Begusarai. .. ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Kumar For the Opposite Party/s :
Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) and 45 of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are women and have been falsely implicated in the instant case with an allegation that 3.260 liters of liquor is alleged to have been recovered from a bottle and a bag thrown by co-accused.
4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and they came to be implicated at the instance of local person, but then the name of the
Patna High Court CR. MISC. No.42759 of 2024(2) dt.05-07-2024 2/2 person who disclosed the name of the petitioners is not disclosed in the FIR which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. 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. 500/- (Rupees Five Hundred) 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 Begusarai Excise P.S. Case No. 155 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioners have antecedent of even one case in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Rishabh/- U T