Puja Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54188 of 2022 Arising Out of PS. Case No.-202 Year-2022 Thana- MANSI District- Khagaria ====================================================== 1.
Puja Devi Wife of Santosh Sah R/O Village- Chakhusaini, Ward No.-15, P.S.- Mansi, District- Khagaria 2.
Anu Kumari Wife of Pankaj Sah R/O Village- Chakhusaini, Ward No.-15, P.S.- Mansi, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 353 and 34 of the Indian Penal Code and Sections 37 and 45 of Bihar Prohibition and Excise Amendment Act.
Recovery is of 48.5 mg/ 100ml of liquor from coaccused. Learned counsel for the petitioners submits that
2/4 the petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that the allegation against the petitioners is that they tried to free the coaccused, namely, Santosh Kumar from the police custody and both the petitioners are sister-in-law of the co-accused, namely, Santosh Kumar. He further submits that except the aforesaid allegation, no other allegation is against the petitioners and no case, whatsoever, would be made out against the petitioners under the Bihar Prohibition and Excise Act.
The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioners referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable.
This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioners.
Considering the aforesaid facts, nothing has been
3/4 recovered from conscious possession of the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten 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 Mansi P.S. Case No. 202 of 2022, G.R.(E) No. 316 of 2022 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-
1. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
2. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at
4/4 any stage it is found that the petitioners have concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) vanisha/- U T