Sikil Devi @ Sikiliya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63126 of 2019 Arising Out of PS. Case No.-263 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== 1.

SIKIL DEVI @ SIKILIYA DEVI Wife of Satrughan Mukhiya Resident of Village - Adalpur, P.S.- Sursand, Distt - Sitamarhi. 2.

Rahul Paswan Son of Dharmendra Paswan Resident of Village - Banauli, P.S.- Sursand, Distt - Sitamarhi.

3.

Pappu Mukhiya Son of Niranjan Mukhiya Resident of Village - Adalpur, P.S.- Sursand, Distt - Sitamarhi.

4.

Rani Devi Wife of Pappu Mukhiya Resident of Village - Adalpur, P.S.- Sursand, Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-10-2019 Heard learned counsels for the parties.

The petitioners are languishing in custody since 25.7.2019 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the possession of the petitioner nos. 1 and 2, 30 litres and 18 litres country made liquor respectively whereas from the possession of petitioner nos. 3 and 4, 15 litres of country made liquor each were recovered.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.63126 of 2019(3) dt.23-10-2019 2/2 the petitioners have falsely been framed in the present case. It is further submitted that petitioner no. 3 is accused in one other case of similar nature whereas rest of the petitioners are not having any criminal antecedent.

Learned APP submits that recovery of country made liquor has been made from the petitioners.

Considering the quantity of recovery, the fact that investigation has already been concluded and the period under custody, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -II-cum-Special Judge, Excise Act, Sitamarhi in connection with Sursand P.S. Case No. 263 of 2019.

(Dinesh Kumar Singh, J) anil/- U