Most. Fulmati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 48260 of 2024 Arising Out of PS. Case No.-183 Year-2021 Thana- YADOPUR District- Gopalganj ====================================================== Most. Fulmati Devi W/o Birendra Yadav R/o Village- Rampur Tengrahi, P.S. - Yadopur, Distt. - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Raj For the Opposite Party/s :
Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 188, 171(E), 171(F) of I.P.C. and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 6.400 litres of liquor from a Scorpio vehicle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and is not the owner of the vehicle and she came to be implicated based on the allegation that Harinder, Santosh, Brajesh and Kedar were distributing liquor on behalf of the petitioner for getting her elected in the election of Mukhiya, who were also arrested from the
Patna High Court CR. MISC. No. 48260 of 2024(2) dt.11-07-2024 2/2 Scorpio vehicle. It is also submitted that the rival candidate got the petitioner implicated in the instant case through the arrested persons by getting meager amount of liquor planted in the Scorpio vehicle.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Yadopur P.S. Case No.183/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) amit/- U T