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Patna High CourtCR. MISC./28425/2023bail granted

Narkali Devi @ Anarkali Devi v. The State Of Bihar

2023-05-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28425 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- MANPUR District- West Champaran ====================================================== 1.

NARKALI DEVI @ ANARKALI DEVI W/O NARAYAN URAON R/O Village- Chakarsan, P.S- Manpur, Distt.- West Champaran. 2.

Raghu Nath Uraon S/O Late Yug Lal Uraon @ Jugh Lal Uraon R/O VillageChakarsan, P.S- Manpur, Distt.- West Champaran. 3.

Bodhani Devi @ Budhani Devi W/O Raghu Nath Uraon R/O VillageChakarsan, P.S- Manpur, Distt.- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 332, 353, 427, 504, 506 and 34 of the Bihar Excise Act. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent. The informant alleges that he received information that some accused are indulging in manufacturing of liquor, accordingly, he reached the place of occurrence and on seeing the police the persons fled away after destroying the liquor.

Patna High Court CR. MISC. No.28425 of 2023(2) dt.17-05-2023 2/2 Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that the allegations also appears to be false for the reason that it absolutely does not stand to reason that police could not seize any liquor from the place of occurrence, when it is alleged that the petitioners were manufacturing liquor. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Manpur P.S. Case No. 26 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T