Shankar Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71438 of 2024 Arising Out of PS. Case No.-651 Year-2024 Thana- DANAPUR District- Patna ====================================================== Shankar Chouhan S/O Chhathu Chouhan @ Chhathun Chauhan Resident of Village- Gobindpur @ Govindpur, Noniya Tola, P.O.- Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 72 liters of country made liquor is said to have been recovered from the Scooty. He submits that the petitioner is the owner of the said vehicle. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Petitioner is agreed to deposit a sum of

Patna High Court CR. MISC. No.71438 of 2024(2) dt.23-10-2024 2/3 Rs.5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No. 3332964762, IFSC Code: CBIN0282779 (fifth character is zero), MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of eight weeks from today, 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 Court below where the case is pending/successor Court in connection with Danapur P.S. Case No. 651 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that:

(i) One of the bailors will be her own blood relative, preferably, father, mother, brother, sister and/or her husband. (ii) The petitioner shall not indulge herself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.

7. However, the learned court below shall accept

Patna High Court CR. MISC. No.71438 of 2024(2) dt.23-10-2024 3/3 the bail bonds of the petitioner after verifying the fact that the petitioner has got no criminal antecedent.

(Anjani Kumar Sharan, J) devendra/- U T