Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84122 of 2024 Arising Out of PS. Case No.-965 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== 1.

Manju Devi W/O- Sanjay Chaudhary Moh- Kedar Nath Ps-Alamganj DistPatna 2.

Sanjay Chaudhary S/o- Yogendra Chaudhary Moh- Kedar Nath Ps-Alamganj Dist- Patna 3.

Kumkum Kumari D/o- Sanjay Chaudhary Moh- Kedar Nath Ps-Alamganj Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Learned counsel for the petitioners submits that the petitioner no. 3 has been arrested by the police, therefore, he does not want to press this application with regard to petitioner no. 3.

2. Accordingly, this application with regard to petitioner no. 3 is dismissed as not pressed.

3. Heard learned counsel for the petitioners nos. 1 and 2 and learned A.P.P. for the State.

4. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30 (a), 32(iii) of the Bihar Prohibition and Excise Act.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.84122 of 2024(2) dt.16-12-2024 2/3 this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 100 liters of country made liquor is said to have been recovered from the scooty. He submits that the petitioner no. 3 is the owner of the seized motorcycle. He submits that the petitioner nos. 1 and 2 have two criminal antecedents as mentioned in para-3 of this application.

6. Petitioners are agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen Thousand)each 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.

7. Having regard to the facts and circumstances of the case, let the above named petitioner nos. 1 and 2, be released on bail, in the event of their 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) each 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 Alamganj P.S. Case No. 965 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S, subject to the further conditions

Patna High Court CR. MISC. No.84122 of 2024(2) dt.16-12-2024 3/3 that:

(i) One of the bailors will be their own blood relative, preferably, father, mother, brother and their sister. (ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.

8. The bail bond of the petitioners 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.

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