Tusiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86038 of 2024 Arising Out of PS. Case No.-193 Year-2022 Thana- BARH District- Patna ====================================================== 1.

Tusiya Devi W/o- Late Karu Chaudhary 2.

Rakhi Devi W/o- Dhananjay Chaudhary 3.

Kishun Choadhary Son of Late Karu Chaudhary Wrongly mention in the FIR Resident of Village- Purai Bagh in place of village Agwanpur P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2024

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for bail apprehending their arrest in connection with Barh P.S. Case no.193 of 2022 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on receiving information, a raid was conducted. Seeing the police personnel, the accused persons started to flee away. They were carrying a gallon which they threw while escaping. The informant states that on search of the gallon in presence of independent witnesses, 15 litres of country liquor was recovered.

Patna High Court CR. MISC. No.86038 of 2024(2) dt.20-12-2024 2/2

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case because of the antecedent of the petitioner no.3. No incriminating article has been recovered from their possession. Petitioner nos.1 and 2 besides being ladies have no criminal antecedent and the petitioners undertake to cooperate in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, no incriminating article having been recovered from the petitioner's possession and the petitioner nos.1 and 2 being ladies having no criminal antecedent, it is directed that all the three petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Barh P.S. Case no.193 of 2022 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Barh, District Patna.

(Partha Sarthy, J) Saurabh/- U T