Patna High CourtCR. MISC./19771/2025bail granted

Kamla Devi v. The State Of Bihar

2025-04-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19771 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- PATEPUR District- Vaishali ====================================================== Kamla Devi S/O Shivchandra Rao @ Shivchandra Raut R/o vill.- Patepur, P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Patepur P.S. case No. 68 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 181.26 liters liquor was recovered from hotel and the petitioner was arrested 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 no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.19771 of 2025(2) dt.03-04-2025 2/2 further submitted that the place from where recovery is made is a small refreshment stall/restaurant where tea and other snacks are sold and the petitioner earns her livelihood. The petitioner is a lady. The petitioner is in custody since 06.03.2025 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patepur P.S. case No. 68 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T