Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11029 of 2022 Arising Out of PS. Case No.-880 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SITA DEVI W/o Vinod Sahni R/o village- Najirpur, P.S.- Ahiyapur, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Soni Kumari For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-06-2022 Heard.

The petitioner seeks regular bail in connection with Spl. Case No. Ahiyapur 880 of 2021 arising out of Ahiyapur P.S. Case No. 880 of 2021, registered for the offence punishable under sections 272, 273 of the Indian Penal Code and sections 30(a)/36 of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 26 liters of illicit country made liquor from an agricultural field where the petitioner and her husband were present.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody custody since 17.12.2021. The learned counsel for the petitioner has further submitted that neither the petitioner is owner of the

Patna High Court CR. MISC. No.11029 of 2022(2) dt.08-06-2022 2/2 agricultural field in question nor the illicit liquor has been recovered from the conscious possession of the petitioner. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that the place from where the illicit liquor has been recovered does not belong to the petitioner apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Exclusive Special Excise Court No.1, Muzaffarpur in connection with Ahiyapur P.S. Case No.880 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T