Kamla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64021 of 2023 Arising Out of PS. Case No.-287 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

KAMLA DEVI Wife of Birendra Ram Resident of Village-Sani Basantpur, P.S.-G.B. Nagar, District-Siwan.

2.

PRADEEP RAM Son of Birendra Ram Resident of Village-Sani Basantpur, P.S.-G.B. Nagar, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Binay Prakash Singh, learned counsel appearing on behalf of the petitioners and Mr. Damodar Prasad Tiwary, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with G. B. Nagar P.S. Case No. 287 of 2023 registered for the offence punishable under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is of recovery of 19.600 litres from the under constructed house of petitioner no.2.

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have falsely been implicated in the case due to dirty village politics. They have no concern either with the seized liquor or trade of liquor in any manner. Nothing has been recovered from

Patna High Court CR. MISC. No.64021 of 2023(2) dt.16-10-2023 2/2 conscious possession of the petitioners.

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

6. Considering the nature of allegation made against the petitioners, the petitioners, above named, 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. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.1, Siwan in connection with G. B. Nagar P.S. Case No. 287 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T