Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6226 of 2024 Arising Out of PS. Case No.-344 Year-2023 Thana- RANIGANJ District- Araria ====================================================== SHANTI DEVI WIFE OF RAJENDRA MURMU RESIDENT OF VILLAGE - PARMANANDPUR WARD NO.01, POLICE STATION - RANIGANJ, DISTRICT - ARARIA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Raniganj P.S. Case No. 344 of 2023 registered under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016 lodged on 04.09.2023 by the informant, Raj Kumar Prasad.
3. As per the prosecution story, the police upon secret information raided the house of the petitioner, recovered/seized 20 liters of counter made liquor. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that it is a joint house, nothing has been recovered from her conscious possession, petitioner is a lady and she do not have criminal antecedent.
Patna High Court CR. MISC. No.6226 of 2024(3) dt.09-04-2024 2/3
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
6. Taking into account the aforesaid fact as also that she do not have criminal antecedent, petitioner is a lady and nothing has been recovered from his conscious possession, this Court is inclined to grant her privilege of anticipatory bail.
7. Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise - I, Araria in connection with Raniganj P.S. Case No. 344 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
Patna High Court CR. MISC. No.6226 of 2024(3) dt.09-04-2024 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T