Baby Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29682 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -ARA RAIL P.S. District- BHOJPUR ======================================================

1. Baby Devi, W/o Late Harendra Bind, R/o Village-Sohara, P.S.-Barhara, District-Bhojpur.

2. Chanda Devi W/o Late Harihar Bind, R/o village- Khawaspur, P.S. Barahara, District- Bhojpur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shiv Prasad Gupta For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 30(a) of Bihar Excise (Amendment) Act, 2016 and Section 147 of Railway Act.

It is alleged that total 40 litres of country made liquor is said to have been recovered from the joint possession of the petitioners.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 12.04.2017. The charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.29682 of 2017 (2) dt.07-07-2017 2/2 witnesses alleged against the petitioners. It is alleged that 8 litres of country made liquor is said to have been recovered from the possession of the petitioner no.1 and 32 litres of country made liquor is said to have been recovered from the petitioner no.2. There is no compliance of section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Ara, in connection with Ara Rail P.S. Case No. 22 of 2017.

(Sudhir Singh, J) Amit/- U T