Patna High CourtCR. MISC./34667/2024bail granted

Marachhiya Devi v. The State Of Bihar

2024-05-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34667 of 2024 Arising Out of PS. Case No.-179 Year-2020 Thana- DERNI BAZAR District- Saran ====================================================== Marachhiya Devi Wife Of Late Lalan Ray Resident Of Village - Sutihar Nawada, P.S. - Derni, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Derni Bazar P.S. Case No. 179 of 2020, instituted for the offences punishable under Sections 272, 273, 120(B) of the Indian Penal Code, Sections 30, 30(a), 33 and 36 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 1025 liters liquor was recovered from the house of co-accused Akhilesh Kumar.

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.34667 of 2024(2) dt.07-05-2024 2/2 no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not named in the F.I.R. Name of the petitioner has transpired as being the mother of the coaccused Akhilesh Kumar. The petitioner is in custody since 01.04.2024 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 Derni Bazar P.S. Case No. 179 of 2020.

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