Patna High Court - Orders
Muna Devi @ Mona Devi vs The State Of Bihar on 6 May, 2022
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22337 of 2022
Arising Out of PS. Case No.-39 Year-2022 Thana- NAANPUR District- Sitamarhi
======================================================
1. MUNA DEVI @ MONA DEVI Wife of Pawan Sahni Resident of village -
Bathaul, P.S.- Nanpur, District - Sitamarhi.
2. Pawan Sahni Son of Rajdeo Sahani Resident of village - Bathaul, P.S.-
Nanpur, District - Sitamarhi.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 06-05-2022Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.
The petitioners are apprehending their arrest in a case registered under Section 30(a)(c) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 5 liters wine is recovered.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no Patna High Court CR. MISC. No.22337 of 2022(2) dt.06-05-2022 2/3 allegation of tampering of witnesses alleged against the petitioners. It is alleged that 5 liters wine is recovered out of which 4 liters wine is recovered from the house of co-accused and 1 liter wine is recovered from the house of petitioners. The names of the petitioners have transpired as the recovery is made from the joint house of the petitioners where other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioners has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).
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, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of Patna High Court CR. MISC. No.22337 of 2022(2) dt.06-05-2022 3/3 the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Sitamarhi in connection with Nanpur P.S. Case No. 39/22, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/-
U T