Sunila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3930 of 2022 Arising Out of PS. Case No.-503 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.
SUNILA DEVI Wife of Nageshwar Manjhi Resident of Baidnathpur Karnaul, P.S. - Sahebganj, District - Muzaffarpur. 2.
SINGASWAR MANJHI Son of Tapeshwar Manjhi Resident of Baidnathpur Karnaul, P.S. - Sahebganj, District - Muzaffarpur. 3.
RINA DEVI Wife of Jagjivan Manjhi Resident of Baidnathpur Karnaul, P.S. - Sahebganj, District - Muzaffarpur.
4.
BABULAL MANJHI Son of Tapeshwar Manjhi Resident of Baidnathpur Karnaul, P.S. - Sahebganj, District - Muzaffarpur. 5.
PRAKASH KUMAR Son of Jogindra Manjhi Resident of Baidnathpur Karnaul, P.S. - Sahebganj, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Masoom Alam For the Opposite Party/s :
Mr. A.L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard the parties.
Petitioners seek regular bail in connection with Sahebganj PS Case No. 503 / 2021 instituted for the offence under Section 272 / 273 / 34 of the IPC and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
Police recovered 25 liters of illicit country made liquor kept in a plastic gallon.
Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner
Patna High Court CR. MISC. No.3930 of 2022(2) dt.26-05-2022 2/3 alleged and they have falsely been implicated in this case by the police with oblique motive. Learned counsel next submits that no illicit liquor has been recovered from the possession of the petitioners and / or premises belonging to them, rather the illicit liquor in question has been recovered from the house of the coaccused / Fulwatiya Devi. Learned counsel next submits that during search and seizure procedures prescribed under Section 100 of the Cr.P.C. and the Excise Act have not been followed. Learned counsel next submits that petitioners have clean antecedent, they are in custody since 13-11-2021, charge sheet has already been submitted and there is no likelihood that the petitioners will abscond or tamper with the evidence if released on bail.
Regard being to the submissions made by the parties, taking into consideration the fact that petitioners have no criminal antecedent, they are in custody since 13/11/2021, charge sheet has already been submitted and there is no likelihood that petitioners will abscond or tamper with the evidence, as such, I am inclined to grant regular bail to the petitioners.
Let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty
Patna High Court CR. MISC. No.3930 of 2022(2) dt.26-05-2022 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge ( Excise ) , Muzaffarpur in connection with Sahebganj PS Case No. 503 / 2021. (Anil Kumar Sinha, J) praful/- U t