Fulmatiya Devi @ Fulpatiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32205 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- AMAS District- Gaya ====================================================== 1.

FULMATIYA DEVI @ FULPATIYA DEVI Wife of Vishnu Pasi Resident of Village - Banahi, Police Station - Amas, District - Gaya. 2.

SAVITRI DEVI @ SABITA DEVI W/O Late Ram Parvesh Paswan Resident of Village - Banahi, Police Station - Amas, District - Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmesh Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narain, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in connection with Amas P.S. case No.257/2020 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 5 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no

Patna High Court CR. MISC. No.32205 of 2021(2) dt.26-08-2021 2/3 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The names of the petitioners have transpired in this case as the alleged recovery is made from the joint house of the petitioners where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that total 5 liters wine is recovered, out of which 2 liters wine is recovered from the joint house of petitioner No.1 and 3 liters wine is recovered from the joint house of petitioner No.2. Petitioners are ladies. The petitioners had no knowledge regarding the alleged incident.

Nothing incriminating has been recovered from the conscious possession of the petitioners. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Patna High Court CR. MISC. No.32205 of 2021(2) dt.26-08-2021 3/3 Amas P.S. case No.257/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T