Paria Devi @ Pirya Devi And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.15880 of 2017 (4) dt.22-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15880 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -BARGANIA District- SITAMARHI ======================================================

1. PARIA DEVI @ PIRYA DEVI

2. Rekha Devi wife of of Birju Paswan Both R/o village- Dumarwana, P.S.- Bairginia, District- Sitamarhi .... .... Petitioners

Versus

State of Bihar & Anr .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Matloob Rab, APP-34 For the Union of India : Mr. Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-05-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Bairginia P.S. Case No. 10 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a) and 41 of Bihar Excise Amendment Act, 2016. Allegedly, the petitioners were apprehended with 928 pieces of Nepali country made Saufi liquor each containing 300 ml., Sahara Premium Foreign Liquor 47 bottles each containing 180 ml. and Golden Oak Foreign Liquor 12 bottles each containing 180 ml.

Submission is of false implication and that the petitioners are ladies and they were cutting grass for their cattle in the

Patna High Court Cr.Misc. No.15880 of 2017 (4) dt.22-05-2017 meantime they have been apprehended, no incriminating article was recovered from their possession, they have been made victim of circumstances, resulting, they are suffering in custody since 11.01.2017.

Learned APP submits that huge quantity of illicit liquor has been required from possession of the petitioners. In the facts and circumstances stated above, considering the period of custody, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Bairginia P.S. Case No. 10 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T