Sharmajee Murmu And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.54546 of 2017 (2) dt.16-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54546 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -GWALPARA District- MADHEPURA ======================================================

1. Sharmajee Murmu, S/o Late Mangal Murmu

2. Hiramani Devi @ Magame Hansda, W/o Sharmajee Murmu.

3. Asha Tuddu @ Shanti Devi, W/o Mishun Murmu,

4. Mojhali Murmu @ Maina Devi, W/o Bhumi Hambram.

5. Dileep Hansda, S/o Babulal Hansda. All Resident of Village- Shahpur Santhali Tola, Ward No.- 06, P.S.- Gwalpara, District- Madhepura. .... .... Petitioners/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 The petitioners seeks regular bail in connection with Gwalpara P.S. Case No. 112 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 6 litres of Chulai liquor. It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and have no criminal antecedents. Moreover, they have sufficiently been punished for the said offence as they have been in custody since 06.08.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.54546 of 2017 (2) dt.16-11-2017 circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioners has no criminal antecedent, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Udakishunganj, Madhepura, in connection with Gwalpara P.S. Case No. 112 of 2017, subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) It is made clear that if the petitioners again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T