Patna High CourtCR. MISC./21764/2019bail granted

Sunaina Devi v. The State Of Bihar

2019-04-09Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21764 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- MOKAMA RAIL P.S. District- Patna ====================================================== SUNAINA DEVI, aged about 35 years, Female, Wife of Saldeo Nishad, Resident of Village - Simariya Ghat, P.S.- Chakiya, Distt - Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Arvind Kumar Mouar, Adv.

For the Opposite Party :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-04-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody in connection with Special Case No. 1796 of 2019 arising out of Rail Mokama P.S. Case No. 7 of 2019 for the offence alleged under Section 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that 24 liters of country made liquor was recovered from the bag of the petitioner.

It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. It is, further, submitted that the petitioner is languishing in judicial custody since 17.02.2019 and is ready to cooperate in the investigation

Patna High Court CR. MISC. No.21764 of 2019(2) dt.09-04-2019 2/2 and will not tamper with the prosecution evidence. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 1796 of 2019 arising out of Rail Mokama P.S. Case No. 7 of 2019 to the satisfaction of the learned Special Judge, Excise, Patna.

(Nilu Agrawal, J) Shamshad/- U T