Patna High CourtCR. MISC./20482/2024bail granted

Manju Devi v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20482 of 2024 Arising Out of PS. Case No.-688 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== Manju Devi W/O Arvind Chaudhary R/O Village- Sarauni, P.S- Kawakole (Kawakol), Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kawakole (Kawakol) P.S. Case No. 688 of 2023, PTN No. 3250 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 10 liters liquor was recovered from gallon which was in hands of the petitioner and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and 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

Patna High Court CR. MISC. No.20482 of 2024(2) dt.18-03-2024 2/2 no concern with the alleged recovery of liquor. It is further submitted that the alleged recovery has been made from gallon kept in the side of Aamgali which is an open place. The petitioner is in custody since 02.12.2023 and has got two criminal antecedents 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 Kawakole (Kawakol) P.S. Case No. 688 of 2023, PTN No. 3250 of 2023. (Rudra Prakash Mishra, J) Rajorshi/- U T