Kamla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9606 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== Kamla Devi Wife of Munna Gupta @ Munna Kumar Gupta R/o MohallaTekari Road, Panch Mukhi Mandir, P.S- Kotwali, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-04-2023 Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2.

Heard learned counsel for the petitioner and the learned APP for the State.

3.

Petitioner seeks regular bail in connection with Kotwali P.S. Case No. 07 of 2023 dated 06.01.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

4.

The main submissions advanced by learned counsel for petitioner are that the petitioner has no criminal antecedent and she has falsely been implicated in this case, nothing has been recovered from the conscious possession of the petitioner, in fact, she has been made accused in the present case merely

Patna High Court CR. MISC. No.9606 of 2023(2) dt.13-04-2023 2/2 because she is the wife of co-accused Munna Gupta and she has been languishing in jail since 07.01.2023.

5.

Learned APP for the State has opposed the bail prayer of the petitioner.

6.

Considering the facts and circumstances of this case and mainly taking into account the clean antecedent of the petitioner and also the fact that nothing has been recovered from her conscious possession, in my opinion, a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Kotwali P.S. Case No. 07 of 2023. (Shailendra Singh, J) Shahnawaz/- U T