Patna High CourtCR. MISC./58788/2023allowed

Suman Devi v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58788 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== 1.

SUMAN DEVI WIFE OF PAPPU SAH @ PUPPU SAH VILLAGE SINGAHI P.S ANDAR, DIST- SIWAN 2.

PAPPU SAH @ PUPPU SAH SON OF LATE ATMA SAH VILLAGE SINGAHI P.S ANDAR, DIST- SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of total 764.760 liters of illegal foreign liquor and country-made liquor from an open place.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioner no. 1 has apprehended on spot and she disclosed the name of the petitioner no. 2. He

Patna High Court CR. MISC. No.58788 of 2023(2) dt.12-09-2023 2/2 submitted that the petitioners have no concern with the seized liquor and the place of occurrence does not belongs to the petitioners. No incriminating article has recovered from the conscious possession of the petitioners. The provision of Section 100 of the Cr.P.C. has not followed in this case. They are languishing in judicial custody for about one month.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody and petitioner no. 1 being a lady, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Government Official Comp. P.S. Case No. 05 of 2023.

(Sunil Kumar Panwar, J) arish/- U