Sujan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12073 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

SUJAN DEVI W/O- DINESH RAI R/O VILLAGE- PURANDAHA RAJWARA, P.S.- SONBARSA, DISTRICT- SITAMARHI 2.

DINESH RAI SON OF LATE HRIDAY RAY R/O VILLAGEPURANDAHA RAJWARA, P.S.- SONBARSA, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Alok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no. 1 is a female and allegation is of recovery of 1.860 litre of liquor from a hut.

Learned counsel for the petitioners submits that the hut from which the alleged liquor was recovered is situated near the house of the petitioner, it is next submitted that it absolutely

Patna High Court CR. MISC. No.12073 of 2022(2) dt.15-07-2022 2/2 does not stand to reason why the petitioners have been implicated in the present case when the alleged recovery was not from their hut. It is further submitted that the petitioners are husband and wife and are on an inimical term with the local chowkidar and it was at his behest that the petitioners came to be falsely implicated. Learned counsel at the cost of repetition submits that the petitioners are persons with clean antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,00/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sonbarsa P.S. Case No. 129/2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T