Patna High CourtCR. MISC./63449/2023bail granted

Mamta Devi v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63449 of 2023 Arising Out of P.S. Case No.-225 Year-2023 Thana- DIGHWARA District- Saran ====================================================== 1.

Mamta Devi, D/o -Bigan Rai, Resident of Village- Isupur, Ward No.-2, Nawal Tola, P.S.- Dighwara, Dist- Saran. At Present- Wife of Ajay Kumar, Resident of Village- Chirand, P.S.- Doriganj, Dist- Saran 2.

Sarita Devi, Wife of Raju Rai, Village- Isupur Ward No. 2, Nawal Tola, P.S.- Dighwara, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation, 334.800 litres wine is recovered.

4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 04.07.2023 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been

Patna High Court CR. MISC. No.63449 of 2023(2) dt.10-10-2023 2/2 implicated in the present case. It is alleged that 334.800 litres wine is said to have been recovered from the joint house of the petitioners where other family members also reside. There is no chance of trial being concluded in near future. There is no compliance of Section 100 of Cr.P.C.

5. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Dighwara P.S. Case No. 225 of 2023.

(Sudhir Singh, J) annu/- U T