Allowed

Panna Devi @ Pana Devi v. the State of Bihar

Patna HC3 Jul 2024CR. MISC./40512/2024

Case brief

AI extract

What is this about?

Three petitioners apprehending arrest under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly selling illicit liquor recovered from bushes behind their houses sought anticipatory bail. Noting recovery was from an open place, not conscious possession, and clean antecedents, the court granted anticipatory bail with standard conditions.

What did the court decide?

Anticipatory bail granted on furnishing bail bonds of Rs.10,000/- each with two sureties of like amount, subject to Section 438(2) CrPC conditions.

Panna Devi @ Pana Devi Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40512 of 2024

¶2

Arising Out of PS. Case No.-208 Year-2023 Thana- PANAPUR District- Saran

¶3

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

¶4

Panna Devi @ Pana Devi, W/O Shatrudhan Nat

¶5

Suganti Devi, W/O Chandeshwar Nat,

¶6

Lali Devi, W/O Vinod Nat

¶7

All are residents of village- Bagdiha, P.S- Panapur, District- Saran.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

¶12

====================================================== Appearance :

¶13

For the Petitioner/s : Ms.Mili Kumari, Advocate For the Opposite Party/s : Mr.Damodar Prasad Tiwary, Advocate

¶14

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

¶15

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

¶16

ORAL ORDER

¶17

2 03-07-2024

¶18

Heard learned counsel for the petitioners and learned

¶19

A.P.P. for the State.

¶20

In the present case, the petitioners are apprehending their arrest in connection with Panapur P.S. Case No. 208 of 2023 for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act.

¶21

As per prosecution case, police received secret information about the petitioners selling illicit liquor. A raid was conducted and from the bushes behind the houses of the petitioners, recovery of 5 liters, 2 liters and 4 liters country made Mahua liquor, respectively was made.

¶22

The learned counsel for the petitioners submits that

¶23

Patna High Court CR. MISC. No.40512 of 2024(2) dt.03-07-2024 2/3

¶24

the petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the liquor seized by the police and they have nothing to do with the place from where recovery has been made. From the FIR, it is evident that recovery has been made from an open place. The petitioners are having clean antecedent.

¶25

The learned A.P.P. opposes the submission made on behalf of the petitioners.

¶26

Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the conscious possession of the petitioners and the recovery has been shown from an open place and further considering the possibility of false implication and clean antecedent of the petitioners, let the petitioners above named in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned 2^nd Exclusive Special Excise Judge, Saran, Chapra, in connection with Panapur P.S. Case No. 208 of 2023, subject to the

¶27

Patna High Court CR. MISC. No.40512 of 2024(2) dt.03-07-2024 3/3

¶28

condition laid down under Section 438(2) of the code of Criminal Procedure and other following conditions:

¶29

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

¶30

the petitioners.

¶31

(ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court.

¶32

(Arun Kumar Jha, J)

¶33

V.K.Pandey/-

¶34

U T

Panna Devi @ Pana Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Panna Devi @ Pana Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Madan Yadav @ Madan Prasad Yadav Vs Bimal Yadav

Arun Kumar Singh Vs Umesh Kumar Tiwary

Binod Kumar Singh Vs Sarita Devi

Manish Kumar Yadav Vs The State of Bihar

Upendra Mahto Vs The State of Bihar

Madan Singh Vs the State of Bihar