Patna High CourtCR. MISC./77905/2024bail granted

Fulwanti Devi v. The State Of Bihar

2024-10-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77905 of 2024 Arising Out of PS. Case No.-260 Year-2024 Thana- PUNPUN District- Patna ====================================================== 1.

Fulwanti Devi Wife of Late Sagar Mahto @ Ramsagar Manjhi R/o - Alauddinchak, P.S - Punpun, Distt- Patna 2.

Rajiya Devi Wife of Late Surendar Manjhi R/o - Alauddinchak, P.S - Punpun, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Punpun P.S. case No. 260 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 140 liters liquor was recovered from tempo and the petitioners were arrested on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.77905 of 2024(2) dt.29-10-2024 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that the petitioners were passers by of the way. The petitioners are in custody since 20.08.2024 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Punpun P.S. case No. 260 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T