Devanti Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3195 of 2018 Arising Out of PS.Case No. -712 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================
1. Devanti Devi, W/o Rihan Manjhi,
2. Chauki Devi @ Chanki Devi, W/o Bindu Manjhi,
3. Munni Devi, W/o Mahesh Manjhi, All R/o Village- Bhawani Bigha, P.S.- Mohanpur, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 31-01-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Barachatti (Mohanpur) P.S. Case No.712 of 2017 instituted for the offence under Section(s) 30 (a) of the Bihar Prohibition & Excise Act, 2016.
It has been submitted that recovery of illicit Mahua liquor was made from Baldeo Manjhi, who has taken the name of these petitioners before the police.
Seizure list is enclosed with the First Information Report from which it appears that there is no recovery of any Mahua liquor from the possession of these petitioners. In the facts and circumstances of the case, prayer of
Patna High Court Cr.Misc. No.3195 of 2018 (2) dt.31-01-2018 2/2 the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Barachatti (Mohanpur) P.S. Case No.712 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Gaya, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T