IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70672 of 2021

Arising Out of PS. Case No.-108 Year-2021 Thana- NARDIGANJ District- Nawada

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1.

BUDHNI DEVI @ BUDHANI DEVI W/o Late Budhai Choudhary Resident

of Village - Pesh, P.S. - Nardiganj, District - Nawada.

2.

Girja Devi W/o Dinesh Choudhary Resident of Village - Pesh, P.S. -

Nardiganj, District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Sheo Kumar Prasad, Advocate

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

ORAL ORDER

2

29-01-2022

Due to the third wave of COVID-19 Pandemic, the

matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading ‘For

Orders’ under the orders of Hon’ble the Chief Justice.

Heard learned counsel for the petitioners and learned

APP for the State through virtual mode.

Learned Counsel for the petitioners is directed to

remove the defect(s), as pointed out by the office, within a

period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in

connection with Nardiganj P.S. case No.108/2021 registered

under Sections 30(a), 41 of the Bihar Prohibition and Excise

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Act, 2016.

The prosecution case, in short, is that 600 liters mahua

solution is recovered.

It has been submitted on behalf of the petitioners that

the petitioners have got no criminal antecedent and there is no

allegation of tampering of witnesses alleged against the

petitioners. The petitioners have falsely been implicated in this

case. The names of the petitioners have transpired in this case

on the basis of disclosure made by the local Choukidar. Except

for this, there is no other substantive evidence to suggest the

implication of the petitioners in this case. It is alleged that 600

liters mahua solution is recovered, which was kept inside the

earth. The petitioners had no knowledge regarding the alleged

incident. Nothing incriminating has been recovered from the

conscious possession of the petitioners. There is no compliance

of Section 100 Cr.P.C. Petitioners are ladies.

On behalf of the State, it is submitted that the

petitioners are named in the complaint case/F.I.R.

It is necessary to indicate here that this Court while

considering the prayer made in the present anticipatory bail

application has taken note of the exponential rise in number of

covid cases due to outbreak of third wave of Covid-19

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pandemic. Further this Court can also not lose sight of the fact

that the condition of jails is not conducive and suitable to the

present situation which has arisen due to the sudden rise in

covid cases.

Considering the facts and circumstances, the

petitioners, above named, in the event of arrest or surrender

before the learned court below within a period of twelve weeks

from today, be released on anticipatory bail on their personal

bond to the satisfaction of learned Additional District and

Sessions Judge IInd-cum-Special Judge, Nawada in connection

with Nardiganj P.S. case No.108/2021, subject to the conditions

as laid down under Section 438(2) of the Code of Criminal

Procedure.

Once the normalcy is restored, the petitioners shall

furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with

two sureties of the like amount each within a period of eight

weeks to the satisfaction of the Court concerned in connection

with the aforesaid case.

Narendra/-

(Sudhir Singh, J)

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