Patna High CourtCR. MISC./45365/2024bail granted

Parwati Devi v. The State Of Bihar

2024-07-04Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45365 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- BASOPATTI District- Madhubani ====================================================== Parwati Devi, Wife Of Ram Vilas Sahu, Resident Of Village- Parsa Hanuman, Mandir, P.O.- Rampatti, P.S. -Rajnagar, District -Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2024

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

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 24.325 litres of liquor from two motorcycles and three accused namely Ajay Kumar, Chandu Kumar and Chanderdeep were apprehended.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession and she came to be

Patna High Court CR. MISC. No.45365 of 2024(2) dt.04-07-2024 2/3 implicated based on the fact that she is owner of one of the seized motorcycle. It is further submitted that from perusal of the F.I.R., it would manifest that the same does not even remotely suggest that the informant saw any women fleeing from the place of occurrence.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Basopatti P. S. Case No.43 of 2024, G.R. No.390 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 petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is

Patna High Court CR. MISC. No.45365 of 2024(2) dt.04-07-2024 3/3 found that petitioner has 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