Patna High CourtCR. MISC./62060/2018disposed

Shima Devi And ANR v. The State Of Bihar

2018-10-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62060 of 2018 Arising Out of PS.Case No. -158 Year- 2018 Thana -CHANDAUTI District- GAYA ======================================================

1. Shima Devi W/o Chitranjan Manjhi

2. Chitranjan Manjhi S/o Vado Manjhi Both R/o Village- Kujapi, Bhuiya Toli, P.S. Chandauti, District- Gaya.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 Heard learned counsel for the petitioners.

Petitioners pray for bail in connection with Chandauti P.S.Case No. 158 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of five litres of liquor from the possession of the petitioners and other accused persons and it further appears that petitioners have been made accused in three other similar type of cases.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and petitioner No.1 is lady.

Heard learned APP also, who has opposed the prayer for bail of the petitioners.

Patna High Court Cr.Misc. No.62060 of 2018 (2) dt.25-10-2018 2/2 Having heard both sides and in view of the fact that there is recovery of liquor from the possession of the petitioner and they are accused in three other similar type of cases, I am not inclined to grant bail to the petitioners at this stage. However, once charge has been framed in this case or petitioners remain in custody for a period of four months, whichever is earlier, learned court below shall release the petitioners on bail to its own satisfaction on the condition that if they are involved in such type of cases in future, their bail bonds shall be cancelled.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T