Rita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55420 of 2018 Arising Out of PS. Case No.-467 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================

1. Rita Devi wife of Raju Patel

2. Sunila Devi @ Sushila Devi wife of Ragho Patel Both residents of village - Bankat, P.s. - Muffasil, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 147, 149, 341, 323, 333, 224, 225, 353, 427 of the I.P.C. as well as Section 45 of the Bihar Prohibition and Excise Act, 2016 and Sections 3⁄4 of the Public Property Damage Act.

Prosecution case, in short, is that 98 bottles of liquor is recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 03.08.2018 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are

Patna High Court Cr.Misc. No.55420 of 2018(2) dt.06-09-2018 2/2 ladies. They are alleged to have protested when the police party had gone for search and seizure of the liquor. It is alleged that 98 bottles of liquor is recovered from the joint house of the petitioners. 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./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari in connection with Mufasil P.S. case No.467 of 2018.

(Sudhir Singh, J) Narendra/- U T