Patna High CourtCR. MISC./45796/2024bail granted

Chano Devi v. The State Of Bihar

2024-07-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45796 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- PALASI District- Araria ====================================================== 1.

CHANO DEVI WIFE OF SHASHIKANT MANDAL RESIDENT OF VILLAGE - DHARMGANJ, WARD NO.09, P.S. - PALASI, DISTRICT - ARARIA 2.

KARMVIR MANDAL @ KARMVIR KUMAR MANDAL SON OF SHASHIKANT MANDAL RESIDENT OF VILLAGE - DHARMGANJ, WARD NO.09, P.S. - PALASI, DISTRICT - ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act 2022 .

3. It is alleged that 08 liters of country made alcohol was recovered from house of petitioner No. 1 and petitioner No. 2 is son of petitioner No. 1 .

4. It is submitted that the petitioners are innocent and has falsely been implicated in this case . Petitioners live in a joint family and have no concerned about the alleged recovery and they were not present at the time of occurrence . No

Patna High Court CR. MISC. No.45796 of 2024(2) dt.30-07-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioners and they are no way connected with the aforesaid recovery .

5. Learned counsel for the State opposes the bail petition.

6. Considering the quantity of recovery and other circumstances of the case , in the event of arrest/surrender within six weeks from today, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ cum- Special Judge Excise - II Araria in connection with Palasi Police Station Case No. 163 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T