Partly allowed

Devkali Devi v. The State of Bihar

Patna HC11 Sept 2024CR. MISC./58643/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by three accused in a case involving liquor recovery and attack on a police party. Anticipatory bail granted to the first petitioner, wife of the arrested co-accused; rejected for petitioners nos. 2 and 3 for attacking police on duty, with liberty to seek regular bail.

What did the court decide?

Anticipatory bail granted to petitioner no. 1 on bail bond of Rs. 10,000 with two sureties; prayer of petitioners nos. 2 and 3 rejected.

Devkali Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58643 of 2024

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Arising Out of PS. Case No.-58 Year-2024 Thana- INARWA District- West Champaran

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

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1. DEVKALI DEVI WIFE OF BIRENDRA RAM R/V-Village -Pirari, Police station- Inarwa, District- west Champaran

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RAMESH RAM SONOF BHOLA RAM R/V-Village -Pirari, Police stationInarwa, District- west Champaran

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CHANDRAWATI DEVI WIFE OF SURENDRA RAM R/V-Village -Pirari, Police station- Inarwa, District- west Champaran

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... ... Petitioner/s Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brij Kishor Mishra For the Opposite Party/s : Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 11-09-2024

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Heard the parties.

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The petitioners apprehend their arrest in connection with Inarwa P.S. Case No. 58 of 2024 dated 14.05.2024 registered under Sections 147, 149, 341, 323, 324, 307, 353, 272, 273, 504, 506 / 34 of the I.P.C. and Section 30(a) / 45 of the Bihar Prohibition and Excise Amendment Act 2022.

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As per the FIR the Police during the course of patrolling duty on the basis of secret information that one Birendra Ram is involved in the trade of liquor, reached at the place of

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Patna High Court CR. MISC. No.58643 of 2024(2) dt.11-09-2024 2/4

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occurrence and raided the hut situated nearby Treveni canal and caught hold Birendra Ram and upon search 35 liters of country made liquour was recovered. Thereafter, the petitioners along with the F.I.R. named accused persons along with 40-50 unknown persons came there armed with “lathi”, “danda” bricks and stones and attacked on the Police force as a result of which two Chaukidars received injuries.

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Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in this case by the Police due to oblique motive. No specific allegation and / or any overt act has been attributed to these petitioners. It is further submitted that the petitioner no. 1 is the wife of the arrested co-accused / Birendra Ram while the petitioner nos. 2 & 3 are the neighbours.

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Regard being had to the submission made by the parties and taking into consideration that fact that the petitioner no. 1 is the wife of the arrested co-accused / Birendra Ram and is a lady, as such, I am inclined to grant anticipatory bail to the petitioner no. 1.

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Let the petitioner no. 1, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on

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Patna High Court CR. MISC. No.58643 of 2024(2) dt.11-09-2024 3/4

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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-II, Bettiah, District – West Champaran in connection with Inarwa P.S. Case No. 58 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Insofar as the petitioner nos. 2 & 3 are concerned, there is allegation against them of abusing and pelting bricks and stones on the police officials and they are also named in the F.I.R. They along with the co-accused created unruly scene when the police party arrived to discharge their official duty. An attack on police team while on official duty undermines the safety and security of law enforcement agency. Incidents of mob violence against law enforcement agency have become the order of the day now in this State which can be very dangerous, often escalating tensions and compromising public safety.

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Accordingly, I am not inclined to grant the petitioner nos. 2 & 3 the privilege of anticipatory bail. Their prayer for grant of anticipatory bail is rejected.

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However, if the petitioner nos. 2 & 3 surrenders before the court below and seek regular bail, the learned court below may consider the same on its own merit without being prejudiced by

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Patna High Court CR. MISC. No.58643 of 2024(2) dt.11-09-2024 4/4

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the fact that their prayer for anticipatory bail has been rejected

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by this court.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Devkali Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Devkali Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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