Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30415 of 2020 Arising Out of PS. Case No.-100 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== 1.

SUSHILA DEVI, Wife of Vidya Yadav @ Vidya Chaudhary Resident of Village - Nawada, P.S.- Yadopur, District - Gopalganj. 2.

Guddu Yadav, Son of Vidya Yadav @ Vidya Chaudhary Resident of Village - Nawada, P.S.- Yadopur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2020 Heard Mr. Harendra Prasad, learned counsel for the petitioner and learned APP for the State. The petitioners, who are mother and son respectively, seek bail in anticipation of their arrest in connection with Yadopur P. S. Case No. 100 of 2019 dated 01.10.2019, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears that from a motor-cycle which was being driven by one Krishna Yadav, 33.489 litres of liquor was recovered. The aforesaid Krishna Yadav is

Patna High Court CR. MISC. No.30415 of 2020(2) dt.18-12-2020 2/3 said to have confessed that the pillion rider was petitioner no. 2 and the liquor belonged to petitioner no. 1 who had asked him to sell of the same.

The learned counsel for the petitioners therefore submits that the implication of the petitioners in this case is only on the basis of confession of an arrested accused person and the allegations against the petitioners are absolutely false.

The petitioners are persons of clean antecedents.

Regard being had to the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ADJ-II cum Special Judge, Excise, Gopalganj, in connection with

Patna High Court CR. MISC. No.30415 of 2020(2) dt.18-12-2020 3/3 Yadopur P. S. Case No. 100 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T