Malti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6654 of 2018 Arising Out of PS. Case No.-438 Year-2017 Thana- MARHAURA District- Saran ======================================================

1. Malti Devi, W/o Dukhan Nut,

2. Banguri Devi @ Savita devi, W/o Sikandar Nut,

3. Suganti Devi, W/o Gulteni Nut, All Resident of Village-Pakahan Netuwa Toli, P.S.-Marhurah, District-Saran at Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 188, 272, 273, 308 of the Indian Penal Code and Sections 30(A) and 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 3185 liters spirit and 70 liter wine are 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 names of the petitioners have come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other

Patna High Court Cr.Misc. No.6654 of 2018(3) dt.11-04-2018 2/2 substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 3185 liters spirit is recovered from the open field whereas 70 liters wine is recovered from two different motorcycles. The motorcycles in question do not belong to the petitioners. 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./complaint case.

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 A.D.J.-VI, Saran at Chapra in connection with Marhurah P.S. Case No. 438/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T