Patna High CourtCR. MISC./29398/2019bail granted

Kaushalya Mosmat @ Kaushalya Devi v. The State Of Bihar

2019-05-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29398 of 2019 Arising Out of PS. Case No.-336 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== KAUSHALYA MOSMAT @ KAUSHALYA DEVI, aged about 45 years, Wife of Late Magru Manjhi Resident of Village - Patharkha Chowk, P.S.- Manuapul, Dist.- West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Gupta, Adv.

For the Opposite Party :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-05-2019 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 25.12.2018 in connection with Excise Case No. 336 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the Excise Officials, is that the house of the petitioner was searched and 15 liters of country made liquor was recovered. Some unfinished liquor and utensils were also recovered which was destroyed. It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that charge sheet has already been submitted and the petitioner is languishing in judicial custody since nearly five months.

Patna High Court CR. MISC. No.29398 of 2019(2) dt.13-05-2019 2/2 However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear any 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 Excise Case No. 336 of 2018 to the satisfaction of the learned Special Judge, Excise, West Champaran at Bettiah, or the successor Court. (Nilu Agrawal, J) Shamshad/- U T