Phulo Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33350 of 2018 Arising Out of PS. Case No.-220 Year-2017 Thana- HARLAKHI District- Madhubani ======================================================

1. Phulo Devi, W/o - Late Suraj Yadav

2. Janki Devi, W/o -Shatrudhan Mukhiya, both - Resident of Village- Phulhar, P.S.- Harlakhi, Dist- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-06-2018 Heard Sri Vinod Kumar, learned counsel for the petitioners and learned Additional Public Prosecutor. Two petitioners, who are lady and having clean antecedent , which fact has been stated in paragraph no. 3 of the petition , have prayed for grant of bail in the event of their arrest or surrender in connection with Harlakhi P.S. Case No. 220 of 2017 , registered for the offence under Sections 272/273 of the Indian Penal Code, 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners by way of referring to the seizure list submits that in the seizure list

Patna High Court Cr.Misc. No.33350 of 2018(2) dt.14-06-2018 2/3 nothing has been indicated as to from which of the petitioners' house or veranda what was recovered. Only it has been indicated that place of recovery is house of the accused persons. He further submits that in the case recovery of about 31.25 liters of Nepali country made liquor was shown from open veranda of petitioner no. 1 and about 12.9 liters of Nepali country made liquor was shown to be recovered from open veranda of petitioner no.

2. It has been argued that both the petitioners have falsely been implicated in the present case.

Besides hearing learned counsel for the parties, I have also perused the materials available on record particularly the seizure list and after going through the same, I am of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Accordingly, in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners namely (1) Phulo Devi and (2) Janki Devi be enlarged on bail on furnishing bail bonds of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned A.D.J. II,

Patna High Court Cr.Misc. No.33350 of 2018(2) dt.14-06-2018 3/3 Madhubani / concerned court in connection with Harlakhi P.S. Case No. 220 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T