Patna High CourtCR. MISC./32746/2024bail granted

Radha Devi v. The State Of Bihar

2024-05-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32746 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- KHANPURA District- Samastipur ====================================================== Radha Devi Wife of Sanjit Sahani @ Sanjit Kumar Sahani @ Sanjit Sahani Resident of Village - Shripur gahar tole, Gudarghat ward no. 17,P.O. - Shripurgahar, P.S. - Khanpur, Distt.- Samastipur . ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brahmaputra Singh Ishu, Advocate Ms. Poonam Kumari, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Khanpura P.S. Case No. 43 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 26.94 liters liquor was recovered from the hut of the petitioner and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.32746 of 2024(2) dt.01-05-2024 2/2 no concern with the alleged recovery of liquor. It is further submitted that the alleged recovery has been made from joint family house of the petitioner where other family members also reside. The petitioner is in custody since 22.03.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khanpura P.S. Case No. 43 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T