Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22782 of 2023 Arising Out of PS. Case No.-323 Year-2021 Thana- KHUSRUPUR District- Patna ====================================================== Nilam Devi W/O Late Laxman Das @ Laxman Ray Resident Of Village -BANSTAL Chauraha Ganichak Ps- Khusroopur Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kaushal Kumar For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(A) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a woman and has antecedent of three cases and the allegation is of recovery of 30 litre of liquor from a place near the house of Laxman Das.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is next submitted that she came to be implicated based on disclosure made by the local people, but then the F.I.R. does not record the name of the

Patna High Court CR. MISC. No.22782 of 2023(2) dt.15-05-2023 2/2 local people, who disclosed the name of the petitioner. It is further submitted that police falsely implicated the petitioner based on her antecedent.

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

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna City, Patna in connection with Khusroopur P. S. Case No.323 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T