Gauri Devi vs The State Of Bihar on 5 March, 2025

Patna High Court – Orders

Gauri Devi vs The State Of Bihar on 5 March, 2025

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5785 of 2025
                   Arising Out of PS. Case No.-317 Year-2022 Thana- MUSAHARI District- Muzaffarpur
                 ======================================================
           1.     Gauri Devi W/O Mahesh Paswan R/O Village- Baikatpur, P.O- Jalalpur, P.S-
                  Musahari, Distt.- Muzaffarpur.
           2.    Shanti Devi W/O Ram Pravesh Paswan R/O Village- Baikatpur, P.O-
                 Jalalpur, P.S- Musahari, Distt.- Muzaffarpur.
           3.    Rajan Devi W/O Satahu Paswan R/O Village- Baikatpur, P.O- Jalalpur, P.S-
                 Musahari, Distt.- Muzaffarpur.

                                                                                  ... ... Petitioners
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhananjay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-03-2025

Heard learned counsel for the petitioners and

learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in a case

registered for the offences punishable under Sections 147, 148,

149, 341, 323, 324, 325, 332, 333, 353, 354(B), 307, 427, 504

and 506 of the Indian Penal Code, under Section 314 of the

Damage to Public Property Act, 1986 and also under Section

30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that

petitioners are persons with clean antecedents and are women

and allegation is of recovery of 15 litres of liquor from house of
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Viru Paswan. It is next submitted that petitioners are not

arrested from the spot, as such nothing was recovered from their

conscious possession and even alleged recovery is from a place

which does not belong to the petitioners and came to be

implicated at the instance of chowkidar with whom their

husbands are on an inimical term.

4. Learned Additional Public Prosecutor for the

State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the

learned counsel for the petitioners, the petitioners above-named,

in the event of their arrest or surrender before the learned trial

Court within a period of six weeks from today, be released on

provisional anticipatory bail on furnishing bail bonds of Rs.

500/- (Rupees Five Hundred only) each with two sureties of the

like amount each to the satisfaction of the learned trial Court,

where the case is pending / successor Court, in connection with

Musahari P.S. Case No. 317 of 2022, subject to the conditions

as laid down under Section 438(2) of the Cr.P.C.

6. It is made clear that that thereafter the learned

trial Court shall verify the criminal antecedent of the petitioners

and in the event, if it is found that petitioners have antecedent of

even one case, in that event, the provisional anticipatory bail
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order shall not be confirmed, but after verification if it is found

that petitioners are persons with clean antecedent, in that event,

the provisional anticipatory bail order shall be confirmed

forthwith.

(Satyavrat Verma, J)

Shahnawaz/-

U     T