Anju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17695 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Anju Devi, wife of Sanjay Kumar Singh, Resident of Village- Madhopur Hazari, P.S.- Sahebganj, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anita Kumari For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 Heard the parties.

The petitioner seeks regular bail in connection with CII Case No.49 of 2017 arising out of Case F.I.R. No.PF-167/20162017 registered for offences punishable under Sections 30(a), 32(1) and 38(1) of Bihar Prohibition of Liquor an Excise Act, 2016.

Allegation against the petitioner is about huge recovery of liquor in the present case and the petitioner was arrested at the spot.

It is submitted on behalf of the petitioner that the petitioner is a lady and wife of the main accused Sanjay Kumar Singh. It has also come that the articles were recovered from the house of Sanjay Kumar Singh and she has nothing to do with the recovered articles. The co-accused Sanjay Kumar Singh is in custody. The petitioner is in custody since 20.03.2017.

Patna High Court Cr.Misc. No.17695 of 2017 (3) dt.25-04-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and from perusal of Para P/1, it appears that the police raided the house of the co-accused, Sanjay Kumar Sing but he fled away and during the course of searching of his house, huge quantity of liquor was recovered and as the petitioner was present there so she was arrested. Considering the aforesaid facts and also considering the fact that she is a lady and she has no criminal antecedent, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., West Muzaffarpur in connection with CII Case No.49 of 2017 arising out of F.I.R.No.PR-167/2016-2017 dated ;19.03.2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U