Bhagirathi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24538 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- KOTWA District- East Champaran ====================================================== 1.

BHAGIRATHI DEVI Wife of Late Suraj Dhangad Resident of villageDipau Dhangar Toli, P.S.-Kotwa, District-East Champaran 2.

RINKU DEVI Wife of Yogi Dhangar @ Jogi Dhangar Resident of villageDipau Dhangar Toli, P.S.-Kotwa, District-East Champaran 3.

YOGI DHANGAR @ JOGI DHANGAR @ YOGI DHAGAR Son of Surya Dhangar Resident of village-Dipau Dhangar Toli, P.S.-Kotwa, District-East Champaran ... ... Petitioner/s The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 15 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 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this

Patna High Court CR. MISC. No.24538 of 2023(2) dt.19-05-2023 2/3 case. It is alleged that 15 liters wine is recovered from the joint house of the petitioner No.1. The name of the petitioner No.1 has transpired in this case as the alleged recovery is made from the joint house of the petitioner No.1 where the other family members also reside. Petitioner Nos.2 and 3 are family members of petitioner No.1. Hence they have been made accused in this case. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Petitioner Nos.1 and 2 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.

Learned counsel for the petitioners has placed reliance upon the order dated 1304-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar). On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.24538 of 2023(2) dt.19-05-2023 3/3 the like amount each to the satisfaction of learned Court below/concerned Court in connection with Kotwa P.S. case No.18 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T