Patna High CourtCR. MISC./49804/2018bail granted

Raj Kumari Devi And ORS v. The State Of Bihar

2018-08-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49804 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================

1. Raj Kumari Devi, W/o Nandulal Prasad,

2. Kaushal Kumar, S/o Nandulal Prasad,

3. Nandulal Prasad, S/o Bhagirath Bhagat, All are R/o Vill- Neknama, P.S.- Siwaipatti, Distt- Muzaffarpur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections-147, 148, 149, 341, 323, 308, 337, 338, 353, 379, 440, 504, 506 of the Indian Penal Code and Section-61 of the Bihar Prohibition and Excise Act, 2016. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. Petitioners are alleged to be the persons who tried to rescue the co-accused Keshav Kumar who was apprehended by the police in connection with sale of liquor. No liquor is alleged to have been recovered from possession of the petitioners. The

Patna High Court Cr.Misc. No.49804 of 2018 (2) dt.16-08-2018 petitioners had no knowledge regarding the alleged incident. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Siwaipatti P.S. Case No. 50 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T