Shuganti Devi @ Suganti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18199 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- NAWANAGAR District- Buxar ====================================================== SHUGANTI DEVI @ SUGANTI DEVI W/o Yogendra Singh @ Yogi R/o Village- Chanwath, P.S.- Nawanagar, District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Kamal Deo Sharma, Adv.
For the Opposite Party/s :
Mrs. Anita Kumari Singh, APP Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.
Heard Shri Kamaldeo Sharma, the learned counsel appearing for the petitioner and Smt. Anita Kumari Singh, the learned APP appearing for the State.
The petitioner seeks regular bail in connection with Nawanagar P.S. Case No. 23 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The allegation is regarding recovery of 77.760 liters of illicit liquor from the house of the petitioner.
Patna High Court CR. MISC. No.18199 of 2020(2) dt.13-05-2020 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, she is having a clean antecedent and has been falsely implicated in the present case. It is also submitted that the petitioner is languishing in custody since 23.01.2020.
Per contra, the learned APP appearing for the State has submitted that the petitioner is named in the FIR and there is specific allegation against him.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since 23.01.2020, I deem it fit and proper to direct for release of the petitioner on bail upon her furnishing personal bond to the satisfaction of learned A.D.J.-II cum Special Judge (Excise), Buxar in connection with Nawanagar P.S. Case No. 23 of 2020. It is further directed that once the lock-down is over and normal situation is restored, the petitioner, above named, shall furnish bail bonds of a sum of Rs. 10,000/- with two sureties of the like amount each, within a period of four weeks, to the satisfaction of learned A.D.J.-II cum Special Judge (Excise), Buxar in connection with Nawanagar P.S. Case No. 23
Patna High Court CR. MISC. No.18199 of 2020(2) dt.13-05-2020 3/3 of 2020, failing which the present privilege of bail being extended to the petitioner shall stand revoked automatically. The present petition stands allowed.
(Mohit Kumar Shah, J) Tiwary/- U T