Patna High CourtCR. MISC./24021/2019bail granted

Lalita Devi v. The State Of Bihar

2019-04-17Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24021 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== LALITA DEVI, Wife of Shanti Mandal @ Kanti Mandal, Resident of Village - Sachhidanand Nagar, P.S.- Tilkamanjhi, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Kotwali P.S. Case No. 142 of 2019 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 on secret information that in the house of Dilip Mandal illicit liquor is being stored, the police conducted a raid and while the son of the petitioner Dilip Mandal managed to flee away, petitioner apprehended. On search 50 litres of illicit liquor was recovered from the room of the house. It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.24021 of 2019(2) dt.17-04-2019 2/2 petitioner that she is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. The petitioner did not know that her son had concealed illicit liquor in the house and she has been made accused only because she was present in the house and on suspicion. The petitioner is languishing in judicial custody since 25.02.2019. However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear any criminal antecedent, let the 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 the learned 2nd Additional District and Sessions Judge-cum-Special Judge, Excise, Bhagalpur in connection with Kotwali P. S. Case No. 142 of 2019.

(Nilu Agrawal, J) devendra/priyanka U T