Kajal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19233 of 2022 Arising Out of PS. Case No.-121 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Kajal Kumari, Wife Of Priyaranjan Singh @ Chhoti Singh R/O Ward No.- 21, Dumri Road, Ratanpur, P.S.- Nagar (Ratanpur O.P.), District - Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap- Advocate For the State :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 21.02.2022, he is a person with clean antecedent, charge-sheet has been submitted in this case and is a woman.

Allegation is of recovery of 83.865 litre of liquor from the house of Priyaranjan Singh @ Chhoti Singh and the petitioner was arrested, who was in the house and is wife of Priyaranjan Singh @ Chhoti Singh.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.19233 of 2022(2) dt.22-04-2022 2/3 petitioner, being a woman and a house wife with clean antecedent, has been roped in the case merely because some amount of liquor is alleged to have been found from the house. The learned counsel further submits that it appears that from the day when this Prohibition Law came into force, several women and young boys in the age group of 18 to 25 years have been arrested en masse despite being first offender. The learned counsel thus submits that it appears that because of this law, innocent women and young boys in large number have been arrested and it also seems that future of an entire generation of young boys has been spoiled because of incarceration in petty offences like Excise Act and most of them being first time offender. The learned counsel thus submits that it appears that the purpose for which the law enacted is not being served as young people of impressionable age are indulging in breaching the law with impunity because of lucrative consequences.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and is a woman, the petitioner, abovenamed, is directed to be released on bail on his furnishing bail-

Patna High Court CR. MISC. No.19233 of 2022(2) dt.22-04-2022 3/3 bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Town P. S. Case No.121 of 2022.

(Satyavrat Verma, J) vikash/- U T