Dev Narayan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9287 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- ARER District- Madhubani ====================================================== 1.

DEV NARAYAN DAS Son of Bhogi Das Resident of Village- Paraul, P.SArer, District- Madhubani 2.

SANGITA DEVI Wife of Dev Narayan Das Resident of Village- Paraul, P.SArer, District- Madhubani 3.

RAMRATI DEVI Wife of Bhogi Das Resident of Village- Paraul, P.S- Arer, District- Madhubani ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Bhavesh Kumar Sah, Advocate For the Opposite Party :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections-272, 273/34 of the Indian Penal Code and Section-30(a) of the Bihar Prohibition and Excise Act. The prosecution case, in short, is that three liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that three liters wine is recovered from the Tat house situated behind the joint house of the petitioners. Except for this, there is no other

Patna High Court CR. MISC. No.9287 of 2023(2) dt.29-04-2023 2/2 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. Petitioner Nos. 2 & 3 are ladies. 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 Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani in connection with Arer P.S. Case No. 171 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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