Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9784 of 2021 Arising Out of PS. Case No.-298 Year-2020 Thana- GOPALPUR District- Patna ====================================================== 1.

INDU DEVI, W/O LATE KISHORE SINGH, RESIDENT OF ELAHIBAGH, P.S. - GOPALPUR, DISTRICT - PATNA. 2.

AVINASH KUMAR, S/O LATE KISHORE SINGH, RESIDENT OF ELAHIBAGH, P.S. - GOPALPUR, DISTRICT - PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Daya Shankar Prasad Sinha, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-11-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. 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, 2016.

Submission is that liquor was recovered from the rented premise in which tenants were residing. Petitioners have got no criminal antecedent and the petitioners had no knowledge about what the tenants were keeping in their premise.

Considering no direct material to support the petitioners' involvement, let the petitioners, above named, in the

Patna High Court CR. MISC. No.9784 of 2021(2) dt.16-11-2021 2/2 event of their arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Gopalpur Police Station Case No. 298 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.

(b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioners shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T