Soni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32203 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- BIND District- Nalanda ====================================================== 1.

SONI KUMARI D/o Loha Dhadhi 2.

Guriya Devi D/o Lakhan Dhadhi 3.

Shankar Ram S/o Lakhan Dhadhi 4.

Kanchan Devi W/o Shankar Ram All Resident of village - Jakhaur, P.S.- Bind, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioners submits that petitioner no. 1 and 2 are persons with clean antecedent and petitioner no. 3 and 4 have antecedent of one case and petitioner no. 1 and 2 are female. Allegation is of recovery of 33 litre of liquor from the backside of the house of Dilip Ram.

Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from

Patna High Court CR. MISC. No.32203 of 2022(2) dt.17-08-2022 2/2 their conscious possession and the alleged recovery is also from a place which is behind the house of Dilip Ram with which the petitioners have no concern. He further submits that petitioners came to be implicated based on disclosure made by the local villager but the FIR is completely silent that who was the villager who disclosed the name of the petitioners.

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 Court below within a period of six weeks from today, be released on anticipatory 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 the learned court below where the case is pending/successor court in connection with Bind P.S. Case No. 65 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T