Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31203 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Babita Devi WIFE OF Budhan Sahani RESIDENT OF VILLAGE- UJJAIN LOHIYARPUR MATH TOLA WARD NO. 13, PS- HARSIDHI, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey (App ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Harsidhi P.S. Case No.101 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of total 169 litre of illicit liquor from a public toilet. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from conscious physical possession of the petitioner rather the same was recovered from the public toilet, which is accessible to general public. It is

Patna High Court CR. MISC. No.31203 of 2024(2) dt.23-04-2024 2/3 submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a lady of clean antecedent and he is in custody since 03.03.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Harsidhi P.S. Case No.101 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Motihari, East Champaran.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of

Patna High Court CR. MISC. No.31203 of 2024(2) dt.23-04-2024 3/3 framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T