Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24199 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- GURUA District- Gaya ====================================================== KIRAN DEVI, aged about 64 years, Female, W/o Dinesh Mistri, R/o villageBadhauna, P.S.- Konch, Distt.- Gaya, Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Kiran Sinha, Adv.

For the Opposite Party :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 02.03.2019 in connection with Gurua P.S. Case No. 34 of 2019 for the offence alleged under Section 414 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information that illicit liquor is concealed in a Ford Figo vehicle without registration number and is arriving, the police intercepted the vehicle and apprehended the petitioner along with the Driver, Ramesh Kumar. On search, from the vehicle 210 liters of mahua wine was recovered. The vehicle without registration number was also alleged to be a stolen one. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history, is an old lady of 64 years and did not know that illicit liquor was

Patna High Court CR. MISC. No.24199 of 2019(2) dt.18-04-2019 2/2 being concealed. It is, further, submitted that the illicit liquor has not been recovered from the conscious possession, she undertakes to cooperate in the investigation and not to tamper with the prosecution evidence.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner is an old lady, having no criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Gurua P.S. Case No. 34 of 2019 to the satisfaction of the learned Special Judge, Excise, Gaya, or the successor Court subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U T