Rupa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5838 of 2023 Arising Out of PS. Case No.-708 Year-2022 Thana- FATUA District- Patna ====================================================== 1.

Rupa Kumari Daughter of Late Nanak Singh @ Late Nanhak Singh R/o Railway Yard, Shisa Mila, PS- Fatuha Dist- Patna 2.

Sunita Devi Daughter of Late Nanak Singh @ Late Nanhak Singh R/o Railway Yard, Shisa Mila, PS- Fatuha Dist- Patna 3.

Sushma Devi Wife of Satish Mahto R/o Jamunapur, Naya Toal, P.SMalsalami, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s :

Mr. Rajesh Mohan, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023 1.

Heard learned counsel for the petitioners and the learned APP for the State.

2.

Petitioners seek regular bail in connection with Fatuha P.S. Case No. 708 of 2022 dated 28.09.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3.

The main submissions advanced by learned counsel for petitioners are that as per the prosecution 100 litres of country made Mahua wine is stated to have been recovered from the house of the petitioners but the said recovery was not made from the conscious possession of any of the petitioners and the petitioners have fair and clean antecedent and have been

Patna High Court CR. MISC. No.5838 of 2023(2) dt.29-04-2023 2/2 languishing in jail since 28.09.2022 and they have been made accused mainly on account of they being found in the alleged house from which the wine was recovered and all the family members of the petitioners have been made accused. Further submissions are that petitioner no. 1 and petitioner no. 2 are own sisters and petitioner no. 3 is the cousin sister of the main accused Ranjit Kumar and against the petitioners the investigation has been completed.

4.

Learned APP for the State has opposed the bail prayer of the petitioners.

5.

Considering the facts and circumstances, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named above be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned Court in connection with Fatuha P.S. Case No. 708 of 2022. (Shailendra Singh, J) Shahnawaz/- U T