Patna High CourtCR. MISC./25651/2025bail granted

Seema Devi v. The State Of Bihar

2025-04-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25651 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- CHHATAUNI District- East Champaran ====================================================== Seema Devi W/o Pramod Sahani, Resident of Village- Bhatha, Ward No. 10, P.S.- Muffasil, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chhatauni P.S. Case No. 52 of 2025 dated 25.01.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 50 litres of illicit country made liquor was recovered from the possession of the petitioner and co-accused person.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that there was non-

Patna High Court CR. MISC. No.25651 of 2025(2) dt.29-04-2025 2/2 compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. / Section 103 of BNSS, 2023. The petitioner has one criminal antecedent of similar nature as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 25.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, East Champaran at Motihari, in connection with Chhatauni P.S. Case No. 52 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T