Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33329 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- MANSURCHAK District- Begusarai ====================================================== 1.

Sita Devi, aged about 40 years (Female), Wife of Ranjeet Das @ Sanjeet Kumar Das 2.

Kiran Devi, aged about 35 years years (Female), W/o of Amarjeet Das, both resident of Village - Abbaspur, Ganpataul, P.S.- Mansoor Chak, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2019 Heard.

The petitioners apprehend their arrest in connection with Mansoorchak P.S. Case No. 26 of 2019 registered for the offence punishable under Section 272 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016. The prosecution case is that the informant Shatrudhan Rajak was appointed as flying squad as per the order of the District Election Officer and in light of the said order, he was on patrolling duty along with the deputed S.I. and armed forces in the area and during that course on 15.03.2019 at 5.30 P.M., he received an information that near Urdu Primary School, Abbaspur, Ganpataul in the field of Mangal Mahto foreign liquor has been kept concealed by Sita Devi and Kiran Devi in a

Patna High Court CR. MISC. No.33329 of 2019(2) dt.22-08-2019 2/2 heap of accumulated fuel. Thereafter the information for verification and necessary action reached there along with armed forces and recovered 26 bottles each containing 180 ml. of Royal Stag and thereafter prepared a seizure list in presence of witness who are of the members of police party. There is no recovery from the conscious possession of the petitioners and there is no any criminal antecedent against these petitioners. The seizure list is not prepared in compliance of Section 100 Cr.P.C.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge (Excise), Begusarai in connection with Mansoorchak P.S. Case No. 26 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T