Patna High CourtCR. MISC./18907/2020bail granted

Baudhi Devi v. The State Of Bihar

2020-05-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous Case No.18907 of 2020 ========================================================= Baudhi Devi, aged about 41 years, Female, wife of Kail Chaudhary alias Ram Bilash Chaudhary, resident of village-Chauria, Police Station-Barachatti, District-Gaya ................

Petitioner

Versus

The State of Bihar ................. Opposite party ========================================================= Appearance For the Petitioner : Mr. Binod Kumar, Advocate. For the State : Mr. Akshay Lal Pandit, Advocate. ========================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13.05.2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner who is in custody since 17.02.2020 has filed the instant application for grant of bail in connection with Barachatti P.S. Case no. 88 of 2020 registered for offence under sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on secret information having been received, a raid was conducted on the house of the petitioner. Forty litres of Mahua liquor was recovered and the petitioner was taken into custody.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place from the person or house

of the petitioner. The seizure list witnesses are members of the police raiding party. The petitioner is a lady having no criminal antecedent and is in custody since 17.2.2020. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner who is a lady has no criminal antecedent and is in custody since 17.2.2020, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Barachatti P.S. Case no. 88 of 2020 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Gaya.

(Partha Sarthy, J) Bibhash U T