Uma Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48038 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== 1.
UMA DEVI Wife of Bharat Choudhary Resident of Village - Harkhouli, Purab Tola, P.S.- Mirganj, District - Gopalganj. 2.
Punam Devi Wife of Mithun Yadav Resident of Village - Harkhouli, Purab Tola, P.S.- Mirganj, District - Gopalganj.
3.
Bharat Choudhary Son of Ram Chandra Choudhary Resident of Village - Harkhouli, Purab Tola, P.S.- Mirganj, District - Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhramveer For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioners is directed to remove the defects within four weeks.
Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
Altogether 186.200 litres of foreign liquor is said to have been recovered from the house of co-accused. One person was apprehended from the spot and he disclosed the name of the petitioners alleging that they are the member of syndicate involved in selling and purchasing of illicit liquor.
Patna High Court CR. MISC. No.48038 of 2022(2) dt.04-11-2022 2/3 Learned counsel for the petitioners submits that petitioners are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case at the instance of their enemies. Their name transpired in this case on the basis of the confessional statement of apprehended person. Petitioners have neither been apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the seized liquor or any trade of liquor. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.
Petitioners are agreed to deposit a sum of Rs.25,000.00/- (Rupees Twenty Five Thousand) each in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.48038 of 2022(2) dt.04-11-2022 3/3 learned Court below, where the case is pending/Successor court, in connection with Mirganj P.S. Case No.13 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.25,000.00/- (Rupees Twenty Five Thousand) each in the Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) shikha/- U T