Usha Devi @ Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32794 of 2020 Arising Out of PS. Case No.-103 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== 1.

USHA DEVI @ PRAMILA DEVI Wife of Doman Chaudhary @ Birendra Kumar Resident of Village- Punraso Tola, Pratappur, Ward No. 03, P.S.- Halsi, District- Lakhisharai.

2.

Heena Devi Wife of Pakauri Chaudhary Resident of Village- Punraso Tola, Pratappur, Ward No. 03, P.S.- Halsi, District- Lakhisharai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2021 Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections-30(a), 32, 41 & 56(a) of the Bihar Prohibition and Excise Act, 2018.

The prosecution case, in short, is that 45 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.32794 of 2020(2) dt.09-02-2021 2/2 petitioners. The petitioners are ladies. It is alleged that 45 liters wine is recovered from two different houses. The houses in question are in joint possession of the family. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Lakhisarai in connection with Halsi Excise Case No. 103C2 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T