Patna High CourtCR. MISC./7220/2020allowed

Reema Devi @ Chhotaki Devi v. The State Of Bihar

2020-02-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7220 of 2020 Arising Out of PS. Case No.-549 Year-2019 Thana- BODHGAYA District- Gaya ====================================================== 1.

Reema Devi @ Chhotaki Devi W/O Late Mahendra Manjhi Resident of Village - Bhojwar Bagicha, Tika Bigha, P.S. - Bodhgaya, District - Gaya. 2.

Ashok Manjhi Son of Bhutali Manjhi @ Lakhan Manjhi Resident of Village - Bhojwar Bagicha, Tika Bigha, P.S. - Bodhgaya, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in connection with Bodh Gaya P.S. Case No. 549 of 2019 for the offence under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. In the instant case 20 litres Mahua wine was recovered from the house of petitioner no.2 and 15 litres Mahua wine from the house of petitioner no.1.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. He further submits that the alleged seizure was made in the absence of the

Patna High Court CR. MISC. No.7220 of 2020(2) dt.29-02-2020 2/2 petitioners and nothing was seized from the physical and conscious possession of the petitioners.

Considering the aforesaid, the petitioners named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Gaya in connection with Bodh Gaya P.S. Case No. 549 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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