Rajkali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21239 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Rajkali Devi, aged 33 Years, Gender-Female, Wife of Sanichar Sahni, Resident of Village-Kurhar, P.S-Nanpur, District-Sitamarhi. 2.

Sanichar Sahni, Son of Chedi Sahni, aged 38 Years, Male, Resident of Village-Kurhar, P.S-Nanpur, District-Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Virendra Kumar, Advocate.

For the Opposite Party :

Mr.Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 17.02.2019 in a case for the offence registered under Sections 272, 273, 308 of the IPC, 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 12 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court CR. MISC. No.21239 of 2019(2) dt.08-04-2019 2/2 implicated in the present case. It is alleged that total 12 liters wine is recovered from joint house of the petitioners. The name of the petitioners has come in the present case on the basis of alleged recovery made from joint house of the petitioners where other family members also reside. 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 F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.- II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Nanpur P.S. Case No. 57/19.

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