Satiya Devi @ Sutiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58837 of 2021 Arising Out of PS. Case No.-226 Year-2021 Thana- LADANIA District- Madhubani ====================================================== SATIYA DEVI @ SUTIYA DEVI W/o Biltu Yadav Resdent of VillageYogiya Simratol, P.S.- Ladaniya, Dist- 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 :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in Ladaniya P.S. Case No.226 of 2021, registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The allegation against the petitioner is that the petitioner and other co-accused persons have indeed engaged in trafficking of illicit liquor.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 351 litres of Nepali country made liquor has been recovered from the house of co-accused, Sunil Yadav and Vivek Yadav. The petitioner has got no criminal antecedent as stated in

Patna High Court CR. MISC. No.58837 of 2021(2) dt.11-03-2022 2/3 para 3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Petitioner is ready to deposit a sum of Rs.30,000/- (rupees thirty thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

Considering the fact that there is no recovery from the conscious possession of the petitioner, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Session Judge-cumSpecial Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No.226 of 2021, subject to the conditions:

(1) Laid down under Section 438(2) of the Cr.P.C.

(2) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

Patna High Court CR. MISC. No.58837 of 2021(2) dt.11-03-2022 3/3

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of her bail bond.

(4) The bail bond of the petitioner shall be accepted by learned court below on showing receipt of deposit of Rs.30,000/- (rupees thirty thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

(Anjani Kumar Sharan, J.) Sanjay/- U T