Sanju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.518 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- PHENHARA District- East Champaran ====================================================== Sanju Devi W/O Shailendra Sahani @ Shaulendar Sahani Resident of Vill.- Tewsa Chakarpeta, ward no. 3, P.S.- Phenhara, Dist.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore For the Opposite Party/s :
Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-02-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Phenhara Police Station Case No. 142 of 2024, disclosing offences under Sections 274, 275 of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the FIR, on secret information received on 28.10.2024, the informant proceeded towards the place of occurrence and upon seeing the police, the petitioner and others fled away and one person namely Mosadi Thakur was arrested along with 25 liters of country made liquor. The arrested person disclosed the name of the petitioner who succeeded in fleeing away.
Patna High Court CR. MISC. No.518 of 2025(2) dt.10-02-2025 2/3
4. Learned Counsel for the petitioner submits that the petitioner is a lady has falsely been implicated in the present case on the basis of disclosure of her name by the arrested coaccused person who was arrested along with the illicit liquor. The liquor has been recovered from the barren land situated outside of the village and not from the conscious possession and/or premises belonging to the petitioner. The petitioner is having no criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is a lady having no criminal antecedent and the illicit liquor has not been recovered from the conscious possession and/or premises belonging to her, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, Motihari/concerned Court, Motihari, East Champaran, in connection with Phenhara Police Station Case No. 142 of 2024,
Patna High Court CR. MISC. No.518 of 2025(2) dt.10-02-2025 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T