Premiya Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.946 of 2017 Arising Out of PS.Case No. -16 Year- 2016 Thana -MORE District- DARBHANGA ======================================================
1. Premiya Devi, wife of Late Kailash Paswan,
2. Ram Snehi Paswan, son of Late Nathuni Paswan, Both are resident of Village- Tenua, P.S.- Moro, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar. null null .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2017 The petitioners are apprehending their arrest in connection with Moro P.S. Case No. 16 of 2016, registered for offences punishable under Sections 47(a) Bihar Excise Amendment Act.
It has been submitted on behalf of the petitioners that they were not named in the F.I.R. his name transpire in this case after a lapse of three months on the instance of one Janum Paswan against whose wife the petitioner no. 1 has contested the Panchayat election and got elected, which clearly shows that the petitioners have been implicated in this only on account of previous enmity. It has further been submitted that even there is no recovery from the possession of the petitioners and whatever recovery has been made that has been made from the house of one
Patna High Court Cr.Misc. No.946 of 2017 (2) dt.18-01-2017 2/2 Ashok Paswan.
Heard learned A.P.P. also.
Having heard both sides, in view of the fact that there is no recovery from the possession of the petitioners and they are not named in the F.I.R, their names have surfaced in this case only on suspicion, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of ACJM-IV, Darbhanga in connection with Moro P.S. Case No. 16 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
It is further subject to the condition that the petitioners shall cooperate in the investigation and make themselves available as and when required by the police.
(Vinod Kumar Sinha, J) sunil/- U