Sonphulwa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79946 of 2019 Arising Out of PS. Case No.-370 Year-2019 Thana- DHANARUA District- Patna ====================================================== 1.

Sonphulwa Devi W/o Late Kapil Manjhi, 2.

Sanju Devi W/o Paran Manjhi Both are Resident of Village - Nadava, Maya Haveli, P.S.- Dhanarua, Distt.- Patna.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking regular bail in connection with Dhanarua P.S. Case No. 370 of 2019 registered for the offences punishable under Sections 30(a)/37 (C) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that there is no recovery from the conscious possession of the petitioners.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the quantity of liquor being 10 litres from

Patna High Court CR. MISC. No.79946 of 2019(2) dt.05-12-2019 2/2 each of the petitioners and they are in custody since 09.09.2019 having no criminal antecedent, let the petitioners above named be released on bail in connection with Special Case No. 8081 of 2019 arising out of Dhanarua P.S. Case No. 370 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/vats U