Koshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5099 of 2024 Arising Out of PS. Case No.-335 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Koshila Devi W/O Late Jimdar Parit Village- Gurgawan, Ps. Sugauli, Dist. East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 30(a) 41(i) of the Bihar Prohibition & Excise Amendment Act.

3. The learned cousnel for the petitioner submits that the petitioner has clean antecedent and she is woman and allegation is of recovery of 4 liters of liquor from the house of the petitioner.

4. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession. Petitioner is being wife of late Jimdar Parit came to be implicated in the

Patna High Court CR. MISC. No.5099 of 2024(3) dt.15-02-2024 2/2 case. It is also submitted that house in question is joint family property and as such it cannot be alleged that it was the petitioner, who had kept the liquor in the house or the liquor kept in the house was within the knowledge of the petitioner.

5. Learned A.P.P opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 500/- ( Rupees Five Hundered ) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise No. 1, Motihari, East Champaran in connection with Sugauli P.S.Case No. 335 of 2023 subject to the conditions laid down under section 438(2) of the Cr. P.C.

(Satyavrat Verma, J) N.K/- U T