Leela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14069 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Leela Devi wife of Umesh Mukhiya Village- Aurahi Ps- K. Asthan DistDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ugranath Mallik For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with K. Asthan P.S. Case No.253 of 2023 registered for the offence under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 5 litre of illicit liquor from Aurahi railway line.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that petitioner was not arrest from spot, where, his name surfaced on the basis of statement of local Chaukidar. It is submitted that recovery of

Patna High Court CR. MISC. No.14069 of 2024(2) dt.28-02-2024 2/3 alleged illicit liquor was not made from conscious physical possession of the petitioner rather the same was recovered from an open place i.e. railway line. It is further submitted that the petitioner has no concern with the alleged recovery of illicit liquor as well as recovered place. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 20.01.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with K. Asthan P.S. Case No.253 of 2023 on furnishing bail personal bonds of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II, Excise Act, Darbhanga.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be

Patna High Court CR. MISC. No.14069 of 2024(2) dt.28-02-2024 3/3 released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T