Sujata Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29689 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SUJATA DEVI WIFE OF NIRANJAN SAHNI R/O VILLAGEHAIBATPUR, P.S.- MUFASSIL, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhuri Kumari, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2021 Heard Ms. Madhuri Kumari, learned counsel for the petitioner and Mr. Damodar Prasad Tiwary, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Mufassil PS Case No. 18/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act, 2018.

The allegation, as per First Information Report, is that the police recovered five litres of illicit liquor and 20 Kilograms of jaggery from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and she is a wife of one Niranjan Sahni and lives along with her husband. She was not aware about the illicit liquor being kept in her house. Learned counsel further submits that petitioner is in custody since 05.01.2021 and the charge-sheet has already been submitted in the matter and after lodging of

Patna High Court CR. MISC. No.29689 of 2021(2) dt.07-12-2021 2/2 this case, two other cases have also been lodged against the petitioner.

On the other hand, learned counsel for the State submits that since petitioner has got criminal antecedents, he does not deserve the privilege of regular bail. Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody since 05.01.2021, charge-sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SUJATA DEVI be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IIcum-Special Judge, Excise Act, Begusarai in connection with Mufassil PS Case No. 18/2020.

(Anil Kumar Sinha, J) perwez U T