Manju Tulasiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.782 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== MANJU TULASIYAN, Female, aged about 61 years, Wife of Ganesh Tulasiyan, Resident of Lalbagh Panitanki, Ward No.- 11, P.S.- Town Thana, Darbhanga, District - Darbhanga.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Prabhat Kumar Singh, Advocate For the Opposite Party :
Mrs. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.
The petitioner is apprehending her arrest in connection with Excise SPL Case No. 486 of 2021, arising out of Araria Sadar Circle Excise Case No. 19 of 2021, for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The prosecution story, in brief, is that total 486.360
Patna High Court CR. MISC. No.782 of 2022(2) dt.11-02-2022 2/3 liters wine is recovered from the Pick-up Van in question. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. She has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 486.360 liters wine is recovered from the Pick-up Van in question. The petitioner is alleged to be the owner of the said Pick-up Van in question. It has been submitted on behalf of the petitioner that the said Pick-up Van in question was already sold to one Deepak Kumar Sharma prior to institution of the present case, annexed as Annexure-2 to the present bail application. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of
Patna High Court CR. MISC. No.782 of 2022(2) dt.11-02-2022 3/3 covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bonds to the satisfaction of the learned A.D.J.-II-cum-Spl. Judge (Excise), Araria, in connection with Excise Spl. Case No. 486 of 2021, arising out of Araria Sadar Circle Excise Case No. 19 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) U.K./- U T