Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83004 of 2024 Arising Out of PS. Case No.-225 Year-2024 Thana- PARSA District- Saran ====================================================== 1.

Sanju Devi W/o- Lakshman Nut Resident of Village- Shankardih Parsa PSParsa District- Saran at Chapra 2.

Lakshman Nut S/o- Late Panchu Nut Resident of Village- Shankardih Parsa PS-Parsa District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in a case registered under Section 30(a) of Bihar Excise Act.

3. As per prosecution case, 120 liters illicit liquor has been recovered behind the house of petitioner no. 2.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case merely on suspicion. Further submission is that nothing has been recovered from the conscious possession of the petitioners. Petitioner no. 2 has got clean antecedent. Petitioner no. 1 has got two criminal

Patna High Court CR. MISC. No.83004 of 2024(2) dt.27-01-2025 2/2 antecedents of similar nature in which, she is on bail.

5. Learned A.P.P. for the State vehemently opposed the prayer for bail of petitioner no. 1 by contending that she has got two criminal antecedents of similar nature. Hence, she does not deserve the privilege of anticipatory bail.

6. Considering the criminal antecedents, prayer for bail of petitioner no. 1, namely, Sanju Devi is, accordingly, rejected.

7. So far as petitioner no. 2 is concerned, he has got clean antecedent, let petitioner no. 2 be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Exclusive Special Excise Judge-III, Saran at Chapra, in connection with Parsa P.S. Case No. 225 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T