Kiran Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36601 of 2017 Arising Out of PS.Case No. -227 Year- 2017 Thana -AJAMNAGAR District- KATIHAR ======================================================
1. Kiran Devi, W/o Shrwan Chaudhary,
2. Soni Devi W/o Puran Chaudhary,
3. Kajal Chaudhary @ Kajal Devi W/o Chand Chaudhary, All are R/o Shalmari Dholmara, P.S.- Azamnagar, District- Katihar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in judicial custody since 25.06.2017 in connection with Azamnagar P.S. Case No. 227 of 2017 for offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that on secret information, during the course of checking one auto rickshaw was found coming from Bengal and the passengers, who were petitioners, were apprehended with five mango baskets 28.800 liters of country made liquor was
Patna High Court Cr.Misc. No.36601 of 2017 (4) dt.24-08-2017 recovered.
It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and nothing has been recovered from the conscious possession and they were just passengers in the said vehicle. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on 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 A.D.J.-II cum Special Judge, Excise Act, Katihar in connection with Azamnagar P.S. Case No. 227 of 2017. (Nilu Agrawal, J) Devendra/- U T