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Patna High CourtCR. MISC./42500/2022bail granted

Pritam Kumari v. The State Of Bihar

2022-08-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42500 of 2022 Arising Out of PS. Case No.-203 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

Pritam Kumari D/O Late Suresh Yadav Resident Of Village - Rajpur, P.S.- Raghunathpur, Distt.- Siwan.

2.

Koshila Devi W/O Late Suresh Yadav Resident Of Village - Rajpur, P.S.- Raghunathpur, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women. Allegation is of recovery of 35 litre of liquor from the house of petitioner no. 2 and 36.5 litre of liquor from the house of Tribhuwan Kumar.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.42500 of 2022(2) dt.29-08-2022 2/2 petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession. He further submits that petitioner no. 1 is the daughter of petitioner no. 2. He next submits that the house is a joint family property and the police even without holding a proper inquiry implicated the present petitioners.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghunathpur P.S. Case No. 203 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T