High Court awarded anticipatory bail to petitioner no.1 but rejected it for petitioner no.2 due to recovery of 25 liters of Mahua wine from her house, directing her surrender within six weeks.
Declined anticipatory bail for petitioner no.2; granted anticipatory bail to petitioner no.1 subject to surrender within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24458 of 2014
Arising Out of PS.Case No. -17 Year- 2014 Thana -KINJAR District- JEHANABAD
====================================================== 1. Sabua Devi Wife of Late Suresh Manjhi 2. Anuja Devi @ Makurahi Devi Wife of Faguni Manjhi Both Residents of village- Kinjar Mushhari, P.S.- Kinjar, District- Jehanabad .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 16-09-2014 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 35, 307 of the Indian penal Code and Section 47 (A) of the Excise Act in connection with Kinjar P.S.Case No.17 of 2014.
It is submitted that the petitioners have been falsely implicated due to village rivalry. In any event the accusation of assault on police raiding party is general and omnibus and not specific against the petitioners.
Having regard to the recovery of 25 liters of Mahua wine from the house of the petitioner no.2, I am not inclined to grant anticipatory bail to the petitioner no.2.
The prayer for anticipatory bail of the petitioner no.2
Patna High Court Cr.Misc. No.24458 of 2014 (2) dt.16-09-2014
2/2
is rejected.
Hence, in regard to petitioner no.1 from whom there is no allegation of recovery of any offending goods, in the event of her arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Deshmukh, J.M., 1st Class, Jehanabad, in Kinjar P.S. Case No.17 of 2014, subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Vikash Jain, J)
AnilKrSinha/-
U T
3 issues framed by the court
Whether anticipatory bail should be granted to petitioner no.2 despite recovery of evidence from her house.
Whether anticipatory bail can be granted to petitioner no.1 under Section 438(2) of Cr.P.C.
Whether the petitioner can be released on bail pending the outcome of trial.
1 provisions across 1 enactments
Sabua Devi
Anuja Devi
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
