Rajdeo Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57212 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- ARER District- Madhubani ====================================================== 1.

Rajdeo Mukhiya Son Of Sahdeo Mukhiya Resident of Village- Kapasiya (Balua Dhatta), P.S.- Arer, District- Madhubani 2.

Rukmini Devi Wife Of Rajdeo Mukhiya Resident of Village- Kapasiya (Balua Dhatta), P.S.- Arer, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagandeo Yadav Mr.Ravi Prakash For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2022 At the outset, counsel for petitioners seeks permission to withdraw the anticipatory bail application with respect to Rajdeo Mukhiya petitioner no. 1.

permission is granted. The anticipatory bail application with respect to petitioner no. 1 is dismissed as withdrawn.

Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner no. 2 apprehends her arrest in a case registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.57212 of 2022(2) dt.02-12-2022 2/2 35.25 litres of illicit liquor has been recovered from the house of co-accused Rajdeo Mukhiya.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner has been falsely implicated in this case only because she happens to be the wife of co-accused Rajdeo Mukhiya. Petitioner claims clean antecedent.

Considering the facts aforesaid, Rukmini Devi petitioner no. 2 in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Arer P.S. Case No. 94 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T