Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7333 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1.

SUMITRA DEVI, (Female), aged about 30 years, Wife of Kusho Bind, Resident of Village- Khawa, P.S.- Mednichouki, District- Lakhisarai. 2.

KUSHO BIND, (Male), aged about 35 years, Son of Satyanarayan Bind, Resident of Village- Khawa, P.S.- Mednichouki, District- Lakhisarai. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Manoj Kumar, Advocate For the Opposite Party :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Mednichouki P.S. Case No. 132 of 2022 for the offence registered under Sections 30(a) and 37(i) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution story, in brief, is that total 7 liters wine is said to have been recovered from the joint house of the petitioners.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present

Patna High Court CR. MISC. No.7333 of 2023(2) dt.20-04-2023 2/3 case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 7 liters wine is recovered from the joint house of the petitioners. The petitioners are named in the F.I.R. The names of the petitioners have transpired in the present case on the basis of secret information as per F.I.R. The source and genuineness of secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. Learned counsel for the petitioners has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-Versus-The State of Bihar).

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.7333 of 2023(2) dt.20-04-2023 3/3 the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-Vth-cum-Special Excise Court-IInd, Lakhisarai, in connection with Mednichouki P.S. Case No. 132 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T