Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11163 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

Asha Devi Wife of Munna Kumar Resident of Village - Kaushik Dularpur, P.S. - Ara Muffasil, District - Bhojpur.

2.

Putul Kumari Wife of Vishnu Yadav Resident of Village - Kaushik Dularpur, P.S. - Ara Muffasil, District - Bhojpur.

3.

Shanti Devi Wife of Shivji Yadav Resident of Village - Kaushik Dularpur, P.S. - Ara Muffasil, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2020 The petitioners seek bail in connection with Excise Case No. 119 of 2020 instituted for the offences under Sections 147, 148, 149, 323, 324, 325, 341, 342, 353, 333, 354, 337, 238, 379, 427, 307 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

On secret information that liquor is being sold in huge quantity, houses of three persons were raided but no incriminating substance was found. Later, a consignment of liquor was found to be loaded on a three

Patna High Court CR. MISC. No.11163 of 2020(2) dt.28-02-2020 2/3 wheeler which was seized and a seizure memo was prepared. Some arrest also was reportedly made. In the meanwhile, one of the house owners misbehaved with the officer-in-charge of the police station who was leading the raiding team and was a woman. On the call by the accused persons, many persons of the locality and from neighborhood arrived and made it difficult for the police party to perform their duties.

The learned counsel for the petitioners submits that no specific allegation has been levelled against the petitioners and since they are family members of the owners of the houses in which raid was conducted, they have been made accused in this case.

Regard being had to the fact that there is no specific accusation against the petitioners and that they are in custody since 16.01.2020, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousands) each with sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.11163 of 2020(2) dt.28-02-2020 3/3 learned Additional District Judge-IV-cum-Excise Judge, Bhojpur at Arrah in connection with Excise Case No. 119 of 2020, arising out of Arrah Muffasil P.S. Case No. 11 of 2020.

(Ashutosh Kumar, J) Shageer/- U T