Ramawati Kunwar @ Tetari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3758 of 2020 Arising Out of PS. Case No.-160 Year-2019 Thana- NOKHA District- Rohtas ====================================================== 1.

RAMAWATI KUNWAR @ TETARI Wife of Late Kedar Chaudhary Resident of Village-Shivpur, Police Station-Nokha, District-Rohtas at Sasaram.

2.

Lavkush Chaudhary @ Lavkush Kumar Son of Late Kedar Chaudhary Resident of Village-Shivpur, Police Station-Nokha, District-Rohtas at Sasaram.

3.

Moti Chaudhary @ Motilal Chaudhary Son of Late Kedar Chaudhary Resident of Village-Shivpur, Police Station-Nokha, District-Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-06-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nokha P.S. Case No. 160 of 2019 for the offence registered under Sections 30(a) (c) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel appearing on behalf of the petitioner submits that petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioner no. 1 is a lady whereas petitioner no. 3 is suffering

Patna High Court CR. MISC. No.3758 of 2020(2) dt.22-06-2020 2/2 from mental agony. It is further submitted that the petitioners have no criminal antecedents.

Having considered the facts and circumstances of the case, let the petitioner nos. 1 & 3, namely Ramawati Kunwar @ Tetari & Moti Chaudhary @ Motilal Chaudhary be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bail bond to the satisfaction of the Additional District & Sessions Judge - 2nd cum Special Judge, Excise Act , Rohtas at Sasaram in connection with Nokha P.S. Case No. 160 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

So far as petitioner no. 2, namely Lavkush Chaudhary @ Lavkush Kumar is concerned, there is recovery of three cartridges of 315 Bore from his conscious possession. I am not inclined to grant anticipatory bail to him. It is, accordingly, rejected.

(Arvind Srivastava, J) Jagdish/- U T