Champa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72106 of 2023 Arising Out of PS. Case No.-347 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

CHAMPA DEVI W/O SHIVMANGAL MAHATO R/O KOYLADEWA, P.S.- PHULAWARIYA, DIST.- GOPALGANJ 2.

ASHA DEVI W/O LATE ASHOK SAH R/O KOYLADEWA, P.S.- PHULWARIYA, DIST.- GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

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

Prosecution case relates to recovery of 30 litres of illicit liquor from petitioner no. 1 and 15 litres of illicit liquor from petitioner no. 2 and both the petitioners are languishing in judicial custody since 29.09.2023.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Provision of

Patna High Court CR. MISC. No.72106 of 2023(2) dt.08-11-2023 2/2 Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Both the petitioners are languishing in judicial custody since 29.09.2023. Learned APP appearing for the State has opposed the prayer of Bail.

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. The 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 Additional Sessions Judge-II-cum-Special Judge Excise-I, Gopalganj in connection with Phulwariya P.S. Case No. 347 of 2023.

(Sunil Kumar Panwar, J) sushma/- U