Dukhan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39373 of 2023 Arising Out of PS. Case No.-234 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== 1.

DUKHAN SAHNI S/O LATE RAM NARAYAN SAHNI R/O VillageSuryapur, Tiswara, P.S- Tajpur (Halai O.P), Distt.- Samastipur. 2.

Rekha Devi W/O Dukhan Sahni R/O Village- Suryapur, Tiswara, P.S- Tajpur (Halai O.P), Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Roy For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a) and 30(c) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are women and allegation is of recovery of 16 liters of liquor from the house of the petitioner.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that even the alleged recovery is from a house which

Patna High Court CR. MISC. No.39373 of 2023(2) dt.27-06-2023 2/2 is a joint family property, as such, it cannot be alleged with certainty that it was the petitioner who had kept the liquor in the house or the liquor kept in the house was within their knowledge and they came to be implicated at the instance of Chowkidar with whom their husband are on an inimical term. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tajpur (Halai O.P.) P.S. Case No. 234 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T