Sanjhali Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1597 of 2025 Arising Out of PS. Case No.-299 Year-2024 Thana- BARARI District- Katihar ====================================================== SANJHALI HEMBRAM W/o Chandar Murmu R/o Turi Tola ((Sukhasan), P.S.- Barari (Semapur), Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner seeks bail in connection with Barari (Semapur) P.S. Case No. 299 of 2024, registered on 08.09.2020, for the offences under Section 45 of the Bihar Prohibition and Excise Act and Sections 126(2), 115(2), 118(1), 117(2), 121(1), 121(2), 109, 132, 324(6), 324(5), 262, 61(2) and 45 of the BNS, 2023.

03. As per prosecution case, when the police party went to investigate and conducted a raid in connection with Barari (Semapur) P.S. Case No. 298 of 2024 and they reached the house of the petitioner, the petitioner and the co-accused Chandar Murmu (petitioner's husband) attacked the police party with a sharp dabiya. Due to the assault made by the petitioner,

Patna High Court CR. MISC. No.1597 of 2025(2) dt.12-02-2025 2/3 the rifle of one of the constables got damaged. It is further alleged that the co-accused Chandar Murmu started assaulting the informant due to which he sustained hand injury.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegations against the petitioner are false and concocted rather the specific allegation of assault is against the co-accused Chandar Murmu (Petitioner's husband). There is no allegation against the petitioner to make any attempt on the life of the informant or any other persons. The petitioner is a lady and in custody since 11.10.2024 and charge-sheet has been submitted. The petitioner is having one criminal antecedent under Bihar Prohibition and Excise Act.

05. Learned APP for the State oppose the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-serious nature of allegation and further considering the fact that the no injury was caused by the petitioner and also considering the period of custody and submission of chargesheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

Patna High Court CR. MISC. No.1597 of 2025(2) dt.12-02-2025 3/3 Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No. 1, Katihar, in connection with Barari (Semapur) P.S. Case No. 299 of 2024,, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Jyoti/- U