Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14691 of 2019 Arising Out of P.S. Case No.-298 Year-2018 Thana- SULTANGANJ District- Bhagalpur ====================================================== SARITA DEVI, aged about 55 years, Gender-Female, Wife of Late Lalit Sah Resident of Village - Jamalpur, Faridpur, Farhi (O.P.), P.S.- Jamalpur, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 09.12.2018 in connection with Sultanganj P.S.Case No.298 of 2018 for the offence alleged under Sections 30(a) of the Bihar Excise Prohibition Act, 2016.

The prosecution case as lodged by the police officials is that on information that a Pawan Bus is carrying illicit liquor from Jharkhand, the police intercepted the said bus. While three persons managed to flee away, three ladies including the petitioner were apprehended while two other ladies who were named by the apprehended ladies also managed to flee away. From the possession of the petitioner, 30 litres of country made

Patna High Court CR. MISC. No. 14691 of 2019(2) dt.12-03-2019 2/3 illicit liquor was recovered and from the possession of other coaccused also illicit country made liquor was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that two of the co-accused apprehended along with the petitioner on similar allegations have already been granted the privilege of bail by a coordinate Bench of this Court in Cr.Misc.No.6999 of 2019 dated 06.02.2019 and Cr.Misc.No.10138 of 2019 dated 20.02.2019.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record and that on similar allegation other coaccused have been granted the privilege of bail, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sultanganj P.S.Case No.298 of 2018 to the satisfaction of learned IInd Additional District Sessions Judge-cum-Special Judge Excise, Bhagalpur, subject to the conditions that one of the bailors would be a

Patna High Court CR. MISC. No. 14691 of 2019(2) dt.12-03-2019 3/3 close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his/her relationship with the petitioner.

(Nilu Agrawal, J) B.Kr./- U T