Kunti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89991 of 2024 Arising Out of PS. Case No.-128 Year-2023 Thana- BIHTA District- Patna ====================================================== Kunti Devi W/O Elekshan Manjhi @ Laxman Manjhi Resident of VillageNeora Dera Mushari, P.S.- Bihta (Neora O.P), District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2025 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.
3. Altogether 15 litres of country made liquor has been recovered kept near the door of the petitioner's house.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner and from her house. Petitioner has no concern either with the seized liquor or place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at
Patna High Court CR. MISC. No.89991 of 2024(3) dt.14-02-2025 2/3 the instance of her enemy. She was not apprehended on the spot. She has been made accused in the present case with a view to save the real culprit. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.
6. Having regard to the facts and circumstances of the case, 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 Bihta P.S. Case No. 128 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or her husband.
(2) The petitioner shall not indulge herself in any similar
Patna High Court CR. MISC. No.89991 of 2024(3) dt.14-02-2025 3/3 offence till conclusion of the trial.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Lawyer's Association Welfare Benevolent Fund, Patna.
(Anjani Kumar Sharan, J) devendra/- U T