Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8190 of 2020 Arising Out of PS. Case No.-365 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

SHANTI DEVI W/o Arjun Choudhary R/o village- Bijbanpar, P.S.- Deep Nagar, District- Nalanda 2.

Arjun Choudhary S/o Late Fugdari Choudhary R/o village- Bijbanpar, P.S.- Deep Nagar, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Deep Nagar P.S. Case No. 365 of 2019 for the offence under Sections 272, 273 and 290 of the Indian Penal Code and Sections 30(a) of the Bihar Excise and Prohibition Act, 2016. Allegation against the petitioners is that they are involved in the trade of liquor and a total of 15 litres liquor was seized in the instant case.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent and liquor was seized from the house of one Sanju Devi and not from the immediate

Patna High Court CR. MISC. No.8190 of 2020(2) dt.04-03-2020 2/2 possession of the petitioners.

Considering the fact that the petitioner has no criminal antecedent and nothing was recovered from their conscious and immediate possession, the Court is inclined to grant bail to the petitioners, in the event of arrest or surrender within four weeks from today, on furnishing bail bond of Rs.50,000/- (Fifty thousand) each with two sureties of the like amount each to the satisfaction of 3rd Additional Session Judge, Nalanda, Bihar Sharif in connection with Deep Nagar P.S. Case No. 365 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In the event in future, if the petitioners are found to be involved in any such activities, the Court below shall be at liberty to cancel their bail bonds.

(Anil Kumar Upadhyay, J) Rishi Kumar/- U T