Saraswati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22846 of 2016 Arising Out of PS.Case No. -63 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Saraswati Devi wife of Late Rajkumar Mahto Resident of Village Ambedkar Nagar, P.S.- Chakiya, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Chakiya P.S. Case no. 63 of 2016 under sections 272, 273, 290/34 of the Indian Penal Code and section 47-A of the Bihar Excise Act.
It is submitted by the learned counsel for the petitioner that there is no proof behind the allegation made in the first information report. Though there is an allegation that 70 litres of country made liquors kept in two gallons were recovered and seized from the hut of the petitioner, the seizure list prepared at the place of occurrence would indicate that it contains police case
Patna High Court Cr.Misc. No.22846 of 2016 (2) dt.26-05-2016 number. It has been submitted that in case the seizure list would have been prepared at the place of occurrence, the case number could not have been given by the police officer who has seized the articles as the first information report was instituted only after the police came back from the place of seizure to the police station. Learned counsel for the State has opposed the application for grant of pre-arrest bail.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chakiya P.S. Case No. 63 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.
(Ashwani Kumar Singh, J) Amin/- U