Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26970 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- HIRAMMA P.S. District- Sheohar ====================================================== 1.

RITA DEVI W/o Ram Pravesh Sahni R/o Village- Rewasi Ward No. 5, P.S.- Hiramma, District- Shwohar 2.

Ram Pravesh Sahni S/o Vinda Sahni R/o Village- Rewasi Ward No. 5, P.S.- Hiramma, District- Shwohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-08-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Hiramma P.S. Case No. 29 of 2022 registered for the offence under Section 30(a), 30(c), 30(d) and 41(1) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioners are named in the F.I.R. and are in custody since 10.03.2022.

The allegation against the petitioners is to be engaged

Patna High Court CR. MISC. No.26970 of 2022(2) dt.05-08-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 10 litres of country made liquor and 35 litres semi prepared country made liquor from the 'Tatfus' hut, over the government land.

Learned counsel appearing on behalf of the petitioners submitted that recovery of illicit liquor is made from the hut which is no way connected with petitioners, who are men of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that alleged recovery of illicit liquor is made from the hut, which is over the government land.

Considering the facts and circumstances as mentioned above, as nothing surfaced during course of investigation to connect petitioner with said hut from, where illicit liquor was recovered, both the petitioners are men of clean antecedent coupled with the fact that charge-sheet has been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Hiramma P.S. Case No. 29 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each

Patna High Court CR. MISC. No.26970 of 2022(2) dt.05-08-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Sheohar/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T