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Patna High CourtCR. MISC./6100/2025bail granted

Vidya Sada v. The State Of Bihar

2025-02-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6100 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- ALOULI District- Khagaria ====================================================== 1.

Vidya Sada S/o Late Tithar Sada Resident of Village- Dahma Pachim, Rahul Nagar Mushari, PS- Alouli, District.- Khagaria 2.

Etiya Sada S/o Late Tithar Sada Resident of Village- Dahma Pachim, Rahul Nagar Mushari, PS- Alouli, District.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Kishor Poddar, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2025

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Alauli P.S. Case no. 238 of 2024 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on secret information having been received and raid being conducted, while the accused petitioners managed to escape, 6 litres of country liquor besides other articles were recovered. The petitioners were identified by the local Chaukidar.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case at the instance of the local Chaukidar who is on inimical terms with

Patna High Court CR. MISC. No.6100 of 2025(2) dt.24-02-2025 2/2 them. No incriminating article has been recovered from the petitioners' possession and they have no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., no incriminating article having been recovered from the petitioners' possession and especially the petitioners not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Alauli P.S. Case no. 238 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-Ist, Khagaria.

(Partha Sarthy, J) avinash/- U T