Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16385 of 2019 Arising Out of PS. Case No.-427 Year-2018 Thana- MAHUA District- Vaishali ====================================================== 1.
Anita Devi, Wife of Baskit Singh Resident of Village- Madhopur, P.S.- Mahua, District- Vaishali.
2.
Baskit Singh Son of Late Tapeshwar Singh Resident of Village- Madhopur, P.S.- Mahua, District- Vaishali.
3.
Rani Kumari Wife of Vikash Kumar @ Balaji Resident of VillageMadhopur, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Mahua P.S. Case no. 427 of 2018, registered under Section 30, 30(A) and 38 of the Bihar Wine Prohibition and Modified Excise Act.
The accusation is that informant along with other Police personnel had gone in village-Madhopur in connection with raid in the house of Vikash Kumar @ Balajee in connection with Mahua P.S. Case No. 390 of 2018 on 05.12.2018 then saw Vikash Kumar was engaged in loading the
Patna High Court CR. MISC. No.16385 of 2019(5) dt.12-07-2019 2/3 liquor in a car from his house. When vehicle of the informant reached there then Vikash Kumar @ Balajee fled away from his house and he was chased, but he succeeded to flee away. Thereafter, a person was apprehended, who was sat on the car, who disclosed his name as Dipak Kumar. On search, 36 bottles, each containing 750 ML India made foreign liquor recovered from the car and on search of the house, 12 bottles, each containing 750 ML India made foreign liquor concealing in paddy straw near the varandah of the petitioners recovered. Learned counsel for the petitioners submits that, in fact, all the three petitioners are mother, father and wife of Vikash Kumar @ Balajee and due to that reason they have falsely been implicated in this case. Further submission is nothing incriminating materials has been recovered from the inside of house of the petitioner. The petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. District and
Patna High Court CR. MISC. No.16385 of 2019(5) dt.12-07-2019 3/3 Sessions Judge-II-cum-Special Judge, Vaishali at Hajipur in connection with Mahua P.S. Case No. 427 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T