Meera Devi Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42308 of 2022 Arising Out of PS. Case No.-151 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== 1.
MEERA DEVI SINGH W/o Uday Bhan Singh Resident of Village - Bhadwar, P.s.- Bagen Gola, Distt.- Bhojpur.
2.
Rajesh Kumar Singh Son of Abhimanyu Singh Resident of Village - Bhadwar, P.s.- Bagen Gola, Distt.- Bhojpur.
3.
Chhathu Ram Son of Late Shiv Pujan Ram Resident of Village - Bhadwar, P.s.- Bagen Gola, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Prasad Gupta For the Opposite Party/s :
Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-10-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioners submit that petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.42308 of 2022(2) dt.14-10-2022 2/3 case. He submits that there is no recovery from the conscious possession of the petitioners rather 15 liters of foreign liquor is said to have recovered from the Scorpio car. He submits that petitioner no.1 is the owner of the vehicle, petitioner no.2 is the driver of the vehicle and petitioner no.3 is the passenger of the said Scorpio vehicle. He submits that the said vehicle was sent for a marriage ceremony. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
Petitioners are agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) each in the account of Member Secretary Bihar State Legal Services Authority, bearing No. 0380000100252472, IFSC Code: PUNB0038000, Punjab National Bank, Patna.
Considering the facts and circumstance of the case and the fact that there is no recovery from the conscious possession of the petitioners, let the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is
Patna High Court CR. MISC. No.42308 of 2022(2) dt.14-10-2022 3/3 pending/successor court in connection with Sahpur (Karnampur) P.S. Case No. 151 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(1) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to who he is related with the petitioners. He will also undertake to inform the court if there is any change in the address of the petitioner.
(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Member Secretary Bihar State Legal Services Authority, Patna.
(Anjani Kumar Sharan, J) ajay/- U T