Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76852 of 2024 Arising Out of PS. Case No.-500 Year-2024 Thana- BIKRAMGANJ District- Rohtas ====================================================== Shanti Devi Daughter of Late Sohari Singh village- Gautam Nagar, Bikramganj, Ward no. 12, Ps- Bikramganj, Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2024 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, 2016
3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 7 liters of country made liquor is said to have been recovered from the courtyard of the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The house of the petitioner is inhabited by several family members and who
Patna High Court CR. MISC. No.76852 of 2024(2) dt.14-11-2024 2/3 has kept the illicit liquor is not known to the petitioner. Petitioner has been falsely implicated in this case at the instance of her enemy. Petitioner is a female aged about 84 years and has no criminal antecedent as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No.3332964762, Central Bank of India, Chitkohra Branch, IFSC Code :CBIN0282779 (fifth character is zero), MICR Code :800016018.
5. Having regard to the facts and circumstances of the case as also the fact that petitioner is a lady aged about 84 years, 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 six 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 Bikramganj P.S. Case No. 500 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.
Patna High Court CR. MISC. No.76852 of 2024(2) dt.14-11-2024 3/3 (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. (Anjani Kumar Sharan, J) Trivedi/- U T