Patna High CourtCR. MISC./65764/2023bail granted

Madhuri Devi v. The State Of Bihar

2023-10-19Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65764 of 2023 Arising Out of PS. Case No.-344 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Madhuri Devi Wife Of Motilal Sah Resident Of Village - Hussepur Naya Shar, P.S. - Bhore, District - Gopalganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Bhore P.S. Case No. 344 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. She has got one criminal antecedent.

3. As per the prosecution story, on 16.07.2023 while the informant was on patrolling duty, he got secret information that this petitioner is indulged in storing and selling illicit liquor near her house. Upon such information, informant along with police team reached there and saw a lady fleeing. She was chased but she managed to escape throwing a gunny bag from which 45.200 litres country made liquor was recovered.

Patna High Court CR. MISC. No.65764 of 2023(2) dt.19-10-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is no recovery of illicit liquor from the conscious possession of the petitioner. The petitioner has been made an accused in the present case by the local Chowkidar.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the submission that there is no recovery of illicit liquor from the conscious possession of the petitioner and the seizure list witness is a Homeguard police personnel, this Court directs that in case of her arrest or surrender within a period of six weeks from today, the petitioner above named be released on bail in connection with Bhore P.S. Case No. 344 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Excise Court No.1, Gopalganj subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

Patna High Court CR. MISC. No.65764 of 2023(2) dt.19-10-2023 3/3 any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) Rishi/- U T