Patna High CourtCR. MISC./6584/2025bail granted

Lalmani Devi v. The State Of Bihar

2025-02-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6584 of 2025 Arising Out of PS. Case No.-1322 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Lalmani Devi W/o Sunil Manjhi R/o Village- Suyapokhra, PS- Buniyadganj, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 1322 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered total 86.500 liters of illicit country-made liquor from a house. It is alleged that 100 liters of Jawa Mahua were destroyed. The petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against her and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner or from her house. The petitioner was arrested from another house

Patna High Court CR. MISC. No.6584 of 2025(2) dt.12-02-2025 2/2 and has no concern of the alleged house from where the alleged recovery has been made. The petitioner is a lady and lives in a joint house. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 10.12.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner being lady, let the petitioner, abovenamed, 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 Excise P.S. Case No. 1322 of 2024.

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