Patna High CourtCR. MISC./14139/2024bail granted

Sunita Devi v. The State Of Bihar

2024-03-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14139 of 2024 Arising Out of PS. Case No.-464 Year-2023 Thana- Excise P.S. District- Khagaria ====================================================== Sunita Devi Wife of Kundan Yadav Village-Chandra Nagar Ranko, P.S. Muffasil, Distt. Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise Case No. 1212 C3 of 2023, arising out of Excise P.S. Case No. 464 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 35.600 liters of codeine syrup was recovered from house of the petitioner and was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No. 14139 of 2024(2) dt.01-03-2024 2/2 with the alleged recovery of codeine syrup. It is further submitted that the petitioner has no knowledge regarding the alleged codeine syrup. The petitioner is in custody since 12.12.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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 and the period of custody undergone by the petitioner, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Case No. 1212 C3 of 2023, arising out of Excise P.S. Case No. 464 of 2023.

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