Patna High CourtCR. MISC./18318/2024bail granted

Anita Devi @ Manju Devi v. The State Of Bihar

2024-03-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18318 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== Anita Devi @ Manju Devi W/o Ajay Kumar Das @ Mantun Paswan R/o Village- Maniyarpur, Ward No. 7, Warish Nagar, P.S.- Warish Nagar, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Raj, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Samastipur Rail P.S. Case No. 15 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 34.560 liters liquor was recovered from bundle made up of saree and the petitioner 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.18318 of 2024(2) dt.12-03-2024 2/2 with the alleged recovery of liquor. It is further submitted that petitioner has no concern with the recovered bundle. The petitioner is in custody since 08.01.2024 and has got one criminal antecedent in which the petitioner is on bail. 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 Samastipur Rail P.S. Case No. 15 of 2024.

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