Neelam Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31527 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- MAHNAR District- Vaishali ======================================================

1. Neelam Devi W/o Ranjeet Thakur,

2. Nitesh Kumar @ Raushan Kumar S/o Ranjeet Thakur, Both R/o Vill.- Ishakpur, P.S.- Mahnar, District- Vaishali. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mrs. Rina Sinha, Adv.

For the Opposite Party/s :

Mr. Md. Ashlam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-06-2018 Heard Smt. Rina Sinha, learned counsel for the petitioners and Mr.Md.Ashlam Ansari, learned Addl. Public Prosecutor.

Two petitioners, apprehending their arrest in Mahnar P.S. Case No.41 of 2018 registered for the offence under Section 30(A) of the Bihar Prohibition and Excise Act,2016, have prayed for grant of bail, in the event of their arrest or surrender. It was submitted by learned counsel for the petitioners that on false accusation, petitioners have been made accused as if from a rented house of the petitioners, two bottles of Indian Make Foreign Liquor, containing 375 ml. each, were shown to be recovered. Learned counsel for the petitioners has also drawn my attention to the statement made in paragraph no.3 of the

Patna High Court Cr.Misc. No.31527 of 2018(2) dt.12-06-2018 2/2 petition to show that the petitioners are having clean antecedent. It has also been argued that seizure list has been prepared in contravention of the statutory provision.

Be that as it may, considering the nature of accusation as well as clean antecedent of the petitioners, let both petitioners, namely, (i) Neelam Devi and (ii) Nitesh Kumar @ Raushan Kumar , in the event of their arrest or surrender within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II, Vaishali at Hajipur in connection with Mahnar P.S. Case No.41 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T