Rima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 18921 of 2020 Rima Devi, aged about 43 years (Female), W/o late Banarsi Chaudhari, resident of village Makhachak Ward no. 6, P.S. Bakhri District Begusarai ..........Petitioner

Versus

The State of Bihar ............Opposite Party ========================================================= Appearance For the Petitioner : Mr. Ajay Kumar Sinha, Advocate. For the State : Mr. Navin Kumar Pandey, APP CORAM : HONOURABLE MR. JUSTICE PARTHA SARTHY Oral Order 13.05.2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing.

The petitioner who is in custody since 10.1.2020 has filed the instant application for grant of regular bail in connection with Bakri P.S. Case no. 232 of 2019 registered for offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on a raid being conducted, it is stated that 60 litres of country liquor was recovered from the house of one Bindu Devi but she as also her son managed to escape. It is further stated that besides other article 15 litres of country liquor was recovered from the house of Rima Devi, the petitioner herein.

It is submitted by learned counsel for the petitioner that contrary to the allegation, nothing has been recovered from the possession of the petitioner. Even as per the FIR, the place of recovery is a place outside the house of the petitioner. The petitioner is a lady. She has no criminal antecedent and is in custody since 10.1.2020.

The application for bail is opposed by learned APP for the State.

2/2 Having heard learned counsel for the parties and taking into consideration the fact that no recovery is stated to have taken place from inside the house of the petitioner and the petitioner who is a lady having no criminal antecedent is in custody since 10.1.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bakhri P.S. Case no. 232 of 2019 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge -cum- Special Judge, Excise Act, Begusarai.

(Partha Sarthy, J) Prakash U