Patna High CourtCR. MISC./7093/2024bail granted

Durgawati Devi v. The State Of Bihar

2024-02-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7093 of 2024 Arising Out of PS. Case No.-418 Year-2023 Thana- KHAIRA District- Saran ====================================================== DURGAWATI DEVI Wife of Megh Nath Mahto Resident of Village-Khaira, Police Station-Khaira, District-Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Yadav, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Khaira P.S. case No. 418 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that on getting information about selling illicit liquor, the police reached the place and recovered 5 liters wine from the orchard.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is alleged that 5 liters wine is recovered in this case. The petitioner is a lady. The petitioner has got no concerned with the alleged recovery of liquor. No incriminating article has been recovered

Patna High Court CR. MISC. No.7093 of 2024(2) dt.13-02-2024 2/2 from the conscious possession of the petitioner. The petitioner is in custody since 02.12.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, recovery of small quantity of liquor and the petitioner having no criminal antecedent, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khaira P.S. case No. 418 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T