Munni Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21697 of 2023 Arising Out of PS. Case No.-387 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Munni Khatoon W/O Md. Athik R/O Village- Shinghol, Ward No. 04, P.S- (Shinghol O.P)Mufassil, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Teghra P.S. Case No. 387 of 2022 dated 31.12.2022 registered for the offences punishable under Sections 30(a), 41(1), (2) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 71.28 litres of Indian made English wine and the same is stated to have been recovered from a passenger tempo and as per allegation this petitioner and three other persons were found sitting in the said tempo at the time of recovery, infact the petitioner, who is a woman, was bonafidely present in the said tempo as a passenger and she is neither owner nor driver of the

Patna High Court CR. MISC. No.21697 of 2023(2) dt.11-05-2023 2/2 said vehicle and the alleged recovery of wine was not made from her conscious possession. Further submissions are that one similarly situated co-accused namely, Ram Lagan Mishra has been granted bail by a co-ordinate bench of this Court vide order passed in Cr. Misc. No. 8952 of 2023 and against the petitioner investigation has been completed and she has been languishing in jail since 01.01.2023 having fair and clean antecedent.

4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against her and also the fact that one similarly situated co-accused person has been granted bail by a coordinate bench of this Court as mentioned above, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Teghra P.S. Case No. 387 of 2022. (Shailendra Singh, J) Shahnawaz/- U T