Patna High CourtCR. MISC./57431/2023bail granted

Kiran Devi v. The State Of Bihar

2023-08-30Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57431 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- PALANWA District- East Champaran ====================================================== 1.

Kiran Devi W/O Sunil Ram 2.

Girja Devi Wife Of Sikander Ram Both Resident of Village Anhiya Ambedkar Basti P S Bhelahi Op. Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alka Singh, Advocate For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-08-2023 Heard learned counsel for the parties.

2. The petitioners seek pre-arrest bail in connection with Palanwa (Bhelahi) P.S.Case No.79 of 2023, registered for the offences punishable under Sections 272 & 273 of the Indian Penal Code and Section 30(a), 40(i) of Bihar Prohibition and Excise Act, 2018.

3. Prosecution story is that the police recovered 79 ltrs. of liquor from the bank of river and the petitioners were seen fleeing from the river side.

4. Learned counsel appearing on behalf of the petitioners submits that nothing has been recovered either from the possession or from the house of the petitioners rather the

Patna High Court CR. MISC. No.57431 of 2023(2) dt.30-08-2023 2/2 illicit liquor has been recovered from the bank of the river.

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

6. Having considered the rival submissions of the parties as well as the fact that the illicit liquor has been recovered from the bank of river and the petitioners, who are ladies, were only seen fleeing from the river side, 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 Spl. Judge Excise Court no.2, East Champaran at Motihari in connection with Palanwa (Bhelahi) P.S.Case No.79 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U