Shanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9206 of 2017 Arising Out of PS.Case No. -306 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shanti Devi, wife of Meghu Sahani,

2. Meghu Sahani, son of Shatrudhan Sahani, residents of village - Sattarghat Dhekaha, P.S. Kesariya, District - East Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Kesariya P.S.Case No. 306 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. It has been submitted on behalf of the petitioners that petitioners have no criminal antecedent and they have falsely been implicated in this case and even from FIR there is alleged recovery of 5 litres of wine and they have remained in custody for three months.

Heard learned APP also.

Having heard both sides and considering the fact that petitioners have clean antecedent coupled with the fact that they have remained in custody for three months, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties

Patna High Court Cr.Misc. No.9206 of 2017 (2) dt.28-02-2017 2/2 of the like amount each to the satisfaction of 11th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kesariya P.S.Case No. 306 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of their bail.

(Vinod Kumar Sinha, J) spal/- U