Lila Devi @ Lilo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65172 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- BIBIGANJ District- Kishanganj ====================================================== 1.
Lila Devi @ Lilo Devi Wife of Palta Rishideo Resident of Village-Dargah Basti Kanchanbari, Ward no. 09, Thana Kodhobari ,District- Kishanganj 2.
Basanti Wife of Jangla Rishideo @ Jangla Rishidev Resident of VillageDargah Basti Kanchanbari, Ward no. 09, Thana Kodhobari, DistrictKishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the State :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-10-2024 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Bibiganj P.S. Case No. 05 of 2024 for the offence under Section 30(a) of Bihar Prohibition and Excise Act, lodged on 23.04.2024 by the informant, Ranjit Mohanta.s
3. As per the prosecution story, the informant alleged that while patrolling during the 2024 parliamentary election, three women were spotted carrying bundles coming from the Nepal Border which were thrown on the sight of the police. From it, 49.5 liters of foreign liquors recovered/seized, though, two of the accused managed to flee, Shanti Devi was arrested and she gave the name of the persons who escaped, the
Patna High Court CR. MISC. No.65172 of 2024(2) dt.01-10-2024 2/3 petitioners herein. Accordingly, the F.I.R.
4. Learned counsel for the petitioners submit that they are ladies, having no criminal antecedents, only because of the accused naming them, the accusation
5. Learned APP opposes the prayer.
6. Considering the facts that the petitioners are lady having no criminal antecedent, F.I.R. lodged they will be facing the trial, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise-I, Kishanganj, in connection with Bibiganj P.S. Case No. 05 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.65172 of 2024(2) dt.01-10-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/her bail bonds. (Rajiv Roy, J) vinayak/- U T