Patna High CourtCR. MISC./14926/2024bail granted

Sarita Kumari v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14926 of 2024 Arising Out of PS. Case No.-670 Year-2023 Thana- PARSABAZAR District- Patna ====================================================== 1.

Sarita Kumari Daughter Of Late Keshwar Manjh Resident Of VillageTineri, P.S.- Masaudih, Distt- Patna 2.

Babita Devi Wife Of Late Bocha Manjhi Resident Of Village- Kurthaul Musahari, P.S.- Parsa, Bazar, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Special Case No. 2190 of 2023, arising out of Parsa Bazar P.S. Case No. 670 of 2023, instituted for the offences punishable under Sections 353, 427, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 175 liters liquor was recovered from house and both the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.14926 of 2024(2) dt.04-03-2024 2/2 ---- Charge-sheet has been submitted in this case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 29.12.2023 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Case No. 2190 of 2023, arising out of Parsa Bazar P.S. Case No. 670 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T