Patna High CourtCR. MISC./18226/2024bail granted

Mintu Devi v. The State Of Bihar

2024-03-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18226 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- Excise P.S. District- Sheikhpura ====================================================== MINTU DEVI WIFE OF FUNCHUN PASWAN @ FUNCHUN KUMAR RESIDENT OF VILLAGE / MOHALLA - SINDAY (RAMPUR SINDAY), P.S. - BARBIGHA, DISTRICT - SHEIKHPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 22 of 2024 instituted for the offences under Sections 30(a)/32/41/45/56(a) of the Bihar Prohibition and Excise Act.

3. Prosecution story, in short, is that total 10 litres of illicit liquor has been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery of liquor. It has been submitted on behalf of the

Patna High Court CR. MISC. No.18226 of 2024(3) dt.20-03-2024 2/2 petitioner that the petitioner is in custody since 13.01.2024 and has no criminal antecedent. Similarly situated co-accused persons have already been granted bail this Court vide order dated 07.03.2024 passed in Cr. Misc. No. 17159 of 2024. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. 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, no criminal antecedent 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 22 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T