Itawariya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20602 of 2024 Arising Out of PS. Case No.-693 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Itawariya Devi Wife of Late Jitendra Mushar Resident of Village- Koilwar Mushar Toli, Ward No. 5, P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-03-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and and is a woman and the allegation is of recovery of 152 litres of liquor from five different places, out of which, 32 litres of liquor is alleged to have been recovered from a place behind the house of the petitioner in a bush.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.20602 of 2024(2) dt.27-03-2024 2/2 recovery is from a place, which does not belong to the petitioner and she came to be implicated based on the fact that the alleged recovery was made from a place, which is adjacent to her house. It is also submitted that police implicated her based on secret information, which is the easiest way to implicate someone, when admittedly petitioner is a person with clean antecedent.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court-II, Bhojpur at Ara in connection with Koilwar P. S. Case No.693 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T