Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23082 of 2020 Arising Out of PS. Case No.-117 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== 1.

MEENA DEVI W/o Ranjan Paswan Resident of Village-Kamalpur, P.S. and District-Khagaria.

2.

Ranjan Paswan S/o Late Chhotelal Paswan Resident of Village-Kamalpur, P.S. and District-Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the State :

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section-30(a) of the Bihar Prohibition and Excise Act, 2018.

The prosecution case, in short, is that 12 liters wine is recovered.

Patna High Court CR. MISC. No.23082 of 2020(2) dt.29-09-2020 2/2 It has been submitted on behalf of the petitioners that the petitioner No. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. 12 litres liquor is said to have been produced by the informant in the police station. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. 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.

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 eight 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, Khagaria in connection with Khagaria P.S. Case No. 117 of 2020, G.R. No. 421 of 2020, 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