Sunita Devi @ Asmita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22975 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Sunita Devi @ Asmita Devi, Wife of Sri Mahngu Ray, Resident of village - Safipur, Ward No.- 7, P.S.- Khushrupur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam, Advocate For the Opposite Party/s :

Mr.Kanhiya Kishore, App, 100, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Khushrupur P.S. Case No. 52 of 2023 dated 10.02.2023 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 87.840 litres of foreign liquor and the same is stated to have been recovered from the petitioner's old asbestos house, as per the seizure list the said recovery was not made from the conscious possession of this petitioner and petitioner is a lady, though against her there are criminal antecedents of three cases but petitioner's husband is also accused in all these cases and on this ground only the petitioner has also been dragged in all the

Patna High Court CR. MISC. No.22975 of 2023(2) dt.12-05-2023 2/2 said cases. Further submissions are that the petitioner has been languishing in jail since 11.02.2023 and during investigation no one claimed to have seen this petitioner being involved in keeping the alleged liquor at the alleged place of recovery and against her the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the completion of investigation against this petitioner who is a lady and also the fact that the petitioner's husband is also accused in the present matter and the alleged place of recovery is stated to be the house of this petitioner and her husband, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Khushrupur P.S. Case No. 52 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T