Rubi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37891 of 2020 Arising Out of PS. Case No.-346 Year-2019 Thana- GOPALPUR District- Patna ====================================================== 1.
RUBI DEVI wife of Ratan Majhi Resident of Village- Manoharpur Kachumara, P.S.- Gopalpur, District- Patna, Bihar 2.
RATAN MANJHI son of Deoki Manjhi Resident of Village- Manoharpur Kachumara, P.S.- Gopalpur, District- Patna, Bihar 3.
SHANKAR KUMAR son of Ratan Manjhi Resident of Village- Manoharpur Kachumara, P.S.- Gopalpur, District- Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Chandra, Advocate For the Opposite Party/s :
Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned APP for the State.
Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The petitioners are apprehending their arrest in connection with Gopalpur P.S. case No.346 of 2019 registered under Sections 30(a), 30(d), 34, 36, 44(1) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 166 liters wine is recovered.
Patna High Court CR. MISC. No.37891 of 2020(4) dt.23-02-2022 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The names of the petitioners have transpired in this case as the alleged recovery is made from the joint house of the petitioners where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 166 liters wine is recovered from the joint house of the petitioners. The petitioners had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioners. 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 complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special
Patna High Court CR. MISC. No.37891 of 2020(4) dt.23-02-2022 3/3 Judge, Excise Act, Patna in connection with Gopalpur P.S. case No.346 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T