Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15619 of 2023 Arising Out of PS. Case No.-540 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== SUNAINA DEVI W/O Chote Sahni R/O Valli Rampur, P.S- Ujiarpur, District- Samastipur- 848132 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 57 liters of illicit foreign liquor from fodder house of the petitioner and the petitioner is alleged to be apprehended on spot while she was trying to escape after seeing the police party. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the

Patna High Court CR. MISC. No.15619 of 2023(2) dt.09-05-2023 2/2 petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is a lady and languishing in judicial custody since 29.12.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the petitioner, being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Samastipur Excise P.S. Case No. 540 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.2, Samastipur. (Sunil Kumar Panwar, J) Amandeep/- U T