Ganho Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52194 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== 1.

Ganho Devi Wife of Lalit Sahni 2.

Asha Devi Wife of Ganit Sahni Both R/O-Basopatti, (Kamalabari), P.S.-Basopatti, Distt.-Madhubani 3.

Sumitra Devi Wife of Rishu Sahni @ Rampukar Sahni R/O-Basopatti, (Kamalabari), P.S.-Basopatti, Distt.-Madhubani. At Present Sothgaon, Madhubani, P.S.-Halakhi, Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard learned counsel for the parties.

2. The petitioners seek pre-arrest bail in connection with Basopatti P.S.Case No.96 of 2023 dated 1.5.2023 (G.R.No.686 of 2023), registered for the offences punishable under Sections 272, 273 & 353/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, total 90 ltr. Nepali illicit liquor was recovered from the E-rickshaw, two passengers of the said E-rickshaw were also taken into custody, who have disclosed the name of the petitioners.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are not involved in the

Patna High Court CR. MISC. No.52194 of 2023(2) dt.19-08-2023 2/2 crime either of smuggling or selling of the liquor. Learned counsel further submitted that both the co-accused persons, who have disclosed the name of the petitioners, are not family members of the petitioners. Petitioners are ladies and they are having clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioners and they are ladies as well as the recovery of illicit liquor is from the E-rickshaw, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Judge Excise Act, Madhubani in connection with Basopatti P.S.Case No.96 of 2023 G.R. No.686 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) chn/- U