Buchi Devi @ Buch Devi @ Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72023 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.

BUCHI DEVI @ BUCH DEVI @ RAJ KUMARI DEVI D/o- Late Uttim Paswan Village- Raiyam Ps- Bhairavsthan Dist- Madhubani At PresentBuchi Devi @ Buch Devi @ Raj Kumari Devi, W/o- Kailash Paswan Village- Raiyam W.No-7, Ps- Bhairavsthan Dist- Madhubani 2.

Ramsagar Paswan son of Bhogindra Paswan @ Bhogendra Paswan VillageRaiyam Ps- Bhairavsthan Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and petitioner No. 1 is a woman and allegation is of recovery of 54 litre of liquor from different places out of which it is alleged that 10 litres was recovered from an orchard and 6 litres from a bamboo bush. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.72023 of 2023(3) dt.19-02-2024 2/2 recovered from their conscious possession. It is next submitted that even the orchard and the bamboo bush do not belong to the petitioners and they came to be implicated based on secret information which is the easiest way to implicate someone when petitioners admittedly are persons with clean antecedent. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bhairavsthan P.S. Case No. 58 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T