Bachiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4748 of 2024 Arising Out of PS. Case No.-542 Year-2023 Thana- GOVINDGANJ DistrictEast Champaran ====================================================== BACHIYA DEVI W/O-VIRENDRA PASWAN R/O VILL-WARD NO.-1, ARERAJ, PS-GOBINDGANJ(ARERAJ O.P.), DIST-EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anang Mohan Sinha, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offenses punishable under Sections 272, and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The learned counsel appearing for the petitioner submits that the petitioner has antecedent of three cases and the allegation is of recovery of 62.5 liters of liquor from the house of the petitioner.

4. The learned counsel for the petitioner next submits that since the petitioner has antecedent, as such, he came to be implicated in the case based on secret information. It is also submitted that the house belongs to the elder brother in- law of

Patna High Court CR. MISC. No.4748 of 2024(2) dt.13-02-2024 2/2 the petitioner. It is next submitted that nothing transpired during the course of investigation which could even remotely connect the petitioner with the offense except the fact that she also resides in the house. It is also submitted that it is easy to implicate someone based on secret information and it appears that the police in order to save the real culprit falsely implicated the petitioner.

5. The learned A.P.P. opposes the anticipatory bail application of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks, is directed to be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise), East Champaran at Motihari in connection with Gobvindganj (Areraj O.P.) Case No. 542 of 2023 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Satyavrat Verma, J) brajesh/- U T