Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9819 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- GALGALIYA District- Kishanganj ====================================================== SUNITA DEVI, aged about 55 years, Wife of Late Sukan Manjhi alias Sukhi Manjhi, Resident of Village- Nischan Basti, Ward no. 7, P.S.- Galgalia, District- Kishanganj ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner seeks bail in connection with Galgalia P.S. Case No. 1 of 2019 (Special Case No. 6 of 2019) for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information the house of the petitioner was raided and on search from the courtyard 16 liters of country made wine was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history nothing has been recovered from her conscious possession and the illicit wine was planted in her courtyard by the local villagers, who are

Patna High Court Cr.Misc. No.9819 of 2019(2) dt.19-02-2019 2/2 on inimical terms with her. He submits that the petitioner undertakes to cooperate in the investigation and not to induce the witnesses or tamper with the prosecution evidence. The petitioner is languishing in judicial custody since 05.01.2019. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Galgalia P.S. Case No. 1 of 2019 (Special Case No. 6 of 2019) to the satisfaction of the learned Additional District & Sessions Judge II-cum-Special Judge, Excise, Kishanganj.

(Nilu Agrawal, J) Shamshad/- U T