Allowed

Malti Devi v. the State of Bihar

Patna HC7 Nov 2023CR. MISC./70963/2023

Case brief

AI extract

What is this about?

The Patna High Court, relying on a Full Bench decision, granted anticipatory bail to the petitioner in an FIR under the Bihar Prohibition and Excise Act. The court directed the petitioner to surrender within 30 days and fulfill specific conditions regarding cooperation and criminal antecedents.

What did the court decide?

Anticipatory bail granted with a bond of Rs. 10,000/- and two sureties, conditional upon surrender within 30 days and compliance with specified terms.

Malti Devi Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70963 of 2023

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Arising Out of PS. Case No.-674 Year-2023 Thana- BETTIAH CITY District- West

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Champaran

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======================================================

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Malti Devi Wife Of Late Rajesh Ram R/O Village- Ward No. 31, Ambedakar Colony, Baswariya, P.S.- Bettiah Town, Dist.- West Champaran

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s : Ms. Sucheta Yadav, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 07-11-2023

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Heard Mr. Umesh Kumar Gupta, learned counsel for

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the petitioner as well as Ms. Sucheta Yadav, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending her arrest in connection with Bettiah Town P.S. Case No.674 of 2023, F.I.R. dated 08.09.2023 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

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Allegation is of recovery of 05 liters countrymade liquor and 100 liters of semi-finished countrymade liquor from yellow coloured plastic gallons.

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Learned counsel for the petitioner submits that petitioner has clean antecedent and has falsely been implicated in the present case. He further submits that from perusal of the FIR, it appears that five liters of countrymade liquor and 100

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Patna High Court CR. MISC. No.70963 of 2023(2) dt.07-11-2023 2/4

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liters of semi-finished countrymade liquor had been recovered from the house of the petitioner. Further submits that petitioner is not the owner of the house in question and the house is of joint house property of the petitioner. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr. P.C. No case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the prearrest bail would not be maintainable.

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This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.LJ.R. 1089 . Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioner.

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Considering the aforesaid facts that petitioner is having clean antecedent, nothing has recovered from the conscious possession of the petitioner, let the petitioner, above

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Patna High Court CR. MISC. No.70963 of 2023(2) dt.07-11-2023 3/4

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named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No.674 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

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(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bonds shall be cancelled by the Court below.

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(ii) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of anticipatory bail.

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(iii) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of anticipatory bail bond of the petitioner. However,

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Patna High Court CR. MISC. No.70963 of 2023(2) dt.07-11-2023 4/4

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the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of

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verification.

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(Rajesh Kumar Verma, J)

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Prakash Narayan U T

Malti Devi v. the State of Bihar

Case brief

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Malti Devi v. the State of Bihar

Case brief

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