Patna High CourtCR. MISC./74567/2023allowed

Radhika Devi v. The State Of Bihar

2023-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74567 of 2023 Arising Out of PS. Case No.-624 Year-2023 Thana- MALSALAMI District- Patna ====================================================== 1.

RADHIKA DEVI WIFE OF VINOD RAI RESIDENT OF VILLAGERIKABGANJ,RICE MILL KE PAS, PS- MALSALAMI, DIST- PATNA 2.

SONY DEVI WIFE OF MANOJ RAI RESIDENT OF VILLAGERIKABGANJ,RICE MILL KE PAS, PS- MALSALAMI, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under section 30(a) and 36 of the Bihar Prohibition and Excise Amendment Act.

3. Prosecution case relates to recovery of total 12.390 liters foreign liquor and 50 liters of country made liquor from the house of co-accused Binod Rai and Manoj Rai.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Both the petitioners are lady and have been falsely implicated in this case. They have no concern with

Patna High Court CR. MISC. No.74567 of 2023(2) dt.02-12-2023 2/2 the alleged recovery liquor. No any incriminating article has been recovered from their possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. The petitioners have got no criminal antecedent and languishing in judicial custody since 08.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. he 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 Special Judge Excise, Patna City, Patna in connection with Malsalami P.S. Case No. 624 of 2023.

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