Patna High CourtCR. MISC./21681/2019bail granted

Pinki Devi v. The State Of Bihar

2019-04-09Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21681 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- MARANCHI District- Patna ====================================================== PINKI DEVI W/O Suchit Sahni, Resident of Village- Marachi English School, P.S.- Marachi, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Ms.Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody in connection with Special Case No. 11085 of 2018, arising out of Marachi P.S. Case No. 124 of 2018 for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during patrolling duty the police officials got information that the petitioner is selling wine. When the police reached the place of occurrence, the petitioner tried to flee away and from the house of the petitioner 30 litres of country-made wine was recovered. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.21681 of 2019(2) dt.09-04-2019 2/2 petitioner that she is innocent, bears no criminal history, nothing has been recovered from the conscious possession of the petitioner and the recovery from the house could not be alleged solely against the petitioner as the house was a joint family property. It is further submitted that the petitioner has been sufficiently punished as she is languishing in judicial custody since 22.02.2019.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of offence and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna, in connection with Special Case No. 11085 of 2018, arising out of Marachi P.S. Case No. 124 of 2018.

(Nilu Agrawal, J) Rajesh/- U T