Patna High CourtCR. MISC./26415/2024bail granted

Shaili Devi v. The State Of Bihar

2024-04-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26415 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- HARLAKHI District- Madhubani ====================================================== Shaili Devi, W/O Bindeshwar Sahni @ Bindesavar Sahni R/O VillageSothgaon, Madhubani Tola, P.S- Harlakhi, Distt.- Madhubani. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhavesh Sah For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Harlakhi P.S. Case No. 31 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 272, 273 and 34 of the Indian Penal Code.

3. As per prosecution case, there has been recovery of 675.6 liters of illegal Nepali liquor from bags and cartoons.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was apprehended on spot. Petitioner has no concern with the alleged recovery of liquor. On the basis of suspicion, petitioner has been implicated in the present case by the police. The provision of Section 100 of the Cr.P.C. has not been

Patna High Court CR. MISC. No.26415 of 2024(2) dt.05-04-2024 2/2 followed in this case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 04.02.2024 and has no criminal antecedent.

5. Learned APP 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, being a lady as well as 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 Harlakhi P.S. Case No. 31 of 2024.

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