Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30692 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== 1.

Rinku Devi W/O Santosh Chaudhary R/O Village- Barun, P.S- Barun, Distt.- Aurangabad.

2.

Sandhya Devi W/O Jitendra Ram @ Jitender Ram R/O Village- Barun, P.SBarun, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in a case registered for the offence under Section 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of total 9 liters of illicit country made liquor from the possession of each of the petitioners.

4. Learned counsel for the petitioners submits that the petitioner are innocent and have falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioners. He further submits that the there is no independent witness of the seizure list. Petitioners are in custody

Patna High Court CR. MISC. No.30692 of 2024(2) dt.23-04-2024 2/2 since 19.02.2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the petitioner, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Special Judge Excise - II, Kaimur at Bhabua in connection with P.R. No. 168 of 2024 arising out of Prohibition of Excise P.S. Case No. 168 of 2024.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioners shall be released on bail on the above conditions and they shall be present physically on each and every date before the trial court till conclusion of proceeding of framing of charge.

(Ramesh Chand Malviya, J) saurabhkr/- U T