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Patna High CourtCR. MISC./66497/2022allowed

Chinta Devi v. The State Of Bihar

2022-12-09Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66497 of 2022 Arising Out of PS. Case No.-191 Year-2022 Thana- AMAS District- Gaya ====================================================== 1.

Chinta Devi Wife Of Prabhu Bhuiyan Resident Of Village- Darna, P.S.- Amas, District- Gaya, Bihar 2.

Mamta Devi Wife Of Late Rajendra Manjhi @ Bijali Bhuiyan Resident Of Village- Darna, P.S.- Amas, District- Gaya, Bihar 3.

Vina Devi Wife Of Late Rajendra Manjhi Resident Of Village- Darna, P.S.- Amas, District- Gaya, Bihar 4.

Pinki Devi Wife Of Late Naresh Bhuiyan Resident Of Village- Darna, P.S.- Amas, District- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Amas P.S. Case no. 191 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 17 liter country made liquor from the house of petitioners.

Patna High Court CR. MISC. No.66497 of 2022(2) dt.09-12-2022 2/3 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. They have got no criminal antecedent. Petitioners have no concern with the alleged recovery. The house of petitioners are surrounded by other houses and they do not have wooden door. Neither the petitioners were arrested nor any incriminating article has been recovered from their possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that meagre quantity of liquor has been recovered and petitioners being lady, this Court is inclined to enlarge the petitioner on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Amas P.S. Case no. 191 of 2022, he will be enlarged on

Patna High Court CR. MISC. No.66497 of 2022(2) dt.09-12-2022 3/3 bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Learned Exclusive Special Excise Court No. 2, Gaya. subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T