Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49487 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- PARSA District- Saran ====================================================== 1.

Meena Devi W/o Shatrughan Nut R/o vill - Shankardih, P.S.- Parsa, Distt. - Saran 2.

Shatrughan Nut @ Satruhan Nat S/o Late Late Ramjee Nut R/o vill - Shankardih, P.S.- Parsa, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. After receiving the information of manufacturing of illicit liquor, police team reached at the spot. On raid, three persons were apprehended on the spot who disclosed the name of petitioners and other co-accused persons. On search, 300 litres of country made liquor has been recovered behind the house of co-accused

Patna High Court CR. MISC. No.49487 of 2024(2) dt.20-07-2024 2/3 Maina Devi.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. They have no concern with the alleged recovery or with the place of occurrence. The name of the petitioners have been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioners were arrested on spot nor any incriminating article has been recovered from their conscious possession. Their is no independent witness of the alleged seizure. Moreover, they are languishing in judicial custody since 03.06.2024. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged

Patna High Court CR. MISC. No.49487 of 2024(2) dt.20-07-2024 3/3 on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Esclusive Special Excise Court III, Saran at Chapra in connection with Parsa P.S. Case No. 151 of 2024.

(Sunil Kumar Panwar, J) Nirajkrs/- U T