Patna High CourtCR. MISC./60564/2017bail granted

Sumanti Devi And ANR v. The State Of Bihar

2017-12-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60564 of 2017 Arising Out of PS. Case No.-609 Year-2017 Thana- BODHGAYA District- Gaya ======================================================

1. Sumanti Devi W/o Dehan Manjhi.

2. Sanjay Manjhi S/o Late Jagdeo Manjhi, Both are Resident of Village-Purani Taridih, P.S.-Bodh Gaya., District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. UMESH LAL VERMA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 30 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 30 liters wine is recovered from the joint house of the petitioners, where the other family members also reside. Nothing incriminating has been recovered from the

Patna High Court Cr.Misc. No.60564 of 2017(2) dt.14-12-2017 2/2 conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

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

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya in connection with Bodh Gaya P.S. case No.609 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T