Patna High CourtCR. MISC./46851/2024bail granted

Rubi Devi v. The State Of Bihar

2024-07-20Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46851 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- DHANGAI District- Gaya ====================================================== 1.

Rubi Devi, W/o Santosh Manjhi R/o vill - Dhangai, P.S. - Dhangai, Distt. - Gaya 2.

Malti Devi, W/o Alok Manjhi R/o vill - Dhangai, P.S. - Dhangai, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are women and allegation is of recovery of 10 litres of liquor from the house of petitioner no.1 and 20 litres of liquor from the house of petitioner no.2 and 02 litres of liquor from the possession of Anil Mandal.

4. The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.46851 of 2024(2) dt.20-07-2024 2/3 petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and it is specifically asserted and submitted that petitioners are not the owner of the house from where the alleged recovery was made, but then, police at the instance local people implicated them for ulterior reason in a mechanical manner.

5. Learned A.P.P. opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Judge No.3, Gaya in connection with Dhangai P. S. Case No.37 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that 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

Patna High Court CR. MISC. No.46851 of 2024(2) dt.20-07-2024 3/3 found that petitioners have antecedent of even one case, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T