Kundan Mochi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38068 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- Bhagwanganj District- Patna ======================================================

1. Kundan Mochi, S/o Dhuri Mochi,

2. Sangeta Devi, W/o Pappu Mochi, Both are resident of Village- Rauniyachak Musahari Tata, P.S.- Bhagwanganj, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binit Kumar For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-07-2018 At the very outset, learned counsel for the petitioners requests for allowing him to make correction in paragraph - 1 of the petition to the extent of correcting the Act. The prayer is allowed. It may be done in course of the day. Heard Sri Binit Kumar, learned counsel for the petitioners and Mr. Akbar Ali, learned Addl. Public Prosecutor. Two petitioners, apprehending their arrest in Bhagwanganj P.S. Case No. 45 of 2018 registered for offence under Section 37(b) of Bihar Prohibition and Excise Act, 2016 and Sections 341, 323, 504/34 of the Indian Penal Code, have prayed for grant of anticipatory bail.

Learned counsel for the petitioners, by way of referring to statement made in paragraph - 3 of the petition, submits that both petitioners are having clean antecedent. He

Patna High Court Cr.Misc. No.38068 of 2018(2) dt.04-07-2018 2/2 further submits that informant in the present case is police constable and neighbour of the petitioners and in trivial dispute, the informant, despite the fact that even the alleged offences were bailable in nature, alleged as if petitioners have committed the said offence after consuming liquor. He submits that it is a case of complete false implication.

Be that as it may, considering the nature of accusation as well as clean antecedent, in the event of their arrest or surrender within a period of six weeks from today, let both petitioners namely Kundan Mochi and Sangeta Devi be enlarged 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 Special Judge, Excise Act, Patna in connection with Bhagwanganj P.S. Case No. 45 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T