Singariya Devi @ Manorama Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13662 of 2018 Arising Out of PS. Case No.-793 Year-2017 Thana- DEHRI TOWN District- Rohtas ======================================================
1. Singariya Devi @ Manorama Devi, Wife of Kumkum Chaudhary, Resident of Village- PPCL Colony Kamranganj, P.S.- Indrapuri, District- Rohtas.
2. Santra Devi, Wife of Pramod Chaudhary, Resident of VillageSiris, PS- Barun, District- Aurangabad, present residing at PPCL Colony, Kamranganj, PS- Indrapuri, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Bhagat For the Opposite Party/s :
Mr. SURENDRA PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 323, 341, 504, 506, 353/34 of the I.P.C. and Sections 30(a), 34, 38, 45, 47 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 5 liters wine is recovered. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the basis of disclosure made by the local residents as per F.I.R. The name of local residents, who have named the petitioners, has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 5 liters wine is
Patna High Court Cr.Misc. No.13662 of 2018(2) dt.13-03-2018 2/2 recovered from the side of PPCL colony. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. 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 F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Rohtas at Sasaram in connection with Dehri (Indrapuri) P.S. case No.793 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T