Aamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34312 of 2021 Arising Out of PS. Case No.-68 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== AAMTA DEVI W/o Ajay Sahni Resident of Village - Thalwara, P.S.- Gaighat, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel appearing for the petitioner and learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Gaighat P.S. Case No. 68 of 2021 for the offences punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 16 litres of illicit country made chulai liquor and 50 litres of sweet Mahua solution from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and she is languishing in custody since 25.02.2021. The learned counsel

Patna High Court CR. MISC. No.34312 of 2021(2) dt.13-12-2021 2/2 for the petitioner has further submitted that the house in question is in the joint possession of the family members of the petitioner, hence the petitioner has been singled out with ulterior motive.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail upon her 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 Act, Muzaffarpur in connection with Gaighat P.S. Case No. 68 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T