Patna High CourtCR. MISC./20452/2018bail granted

Shital Devi @ Shitali Devi And ANR v. The State Of Bihar

2018-04-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20452 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -KATRA District- MUZAFFARPUR ======================================================

1. Shital Devi @ Shitali Devi, W/o Late Bindeshwar Rai.

2. Nunu Rai S/o Mahavir Rai.

Both are R/o Village- Anyapur, P.S.- Katra, District- Muzaffarpur. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Malay Kumar Choudhary, Adv. For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Katra P.S. Case No.33 of 2018 registered under Section 271/272 of the Indian Penal Code and Section 30 (a), 36 & 38 of the Bihar Prohibition and Excise Act, 2016.

349 liters of foreign liquor is said to have been recovered from the straw house of petitioner no.1-Shital Devi @ Shitali Devi and the petitioner no.1 and petitioner no.2 were apprehended on the aforesaid place who are said to be liquor trader and were adamant to shift the said liquor to some other place.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.20452 of 2018 (02) dt.13-04-2018 2/ 2 that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have been falsely implicated in this case at the instance of their enemies. The said straw house is not hailing to the petitioners. Moreover, the seizure list does not bear the signature of the petitioners. They have no criminal antecedent and have been languishing in custody since 21.02.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Muzaffarpur in connection with Katra P.S. Case No.33 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T