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Patna High CourtCR. MISC./35143/2024bail granted

Nirmala Devi @ Mala Devi v. The State Of Bihar

2024-07-08Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35143 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Nirmala Devi @ Mala Devi W/O Late Teni Pasi @ Teni Paswan R/O Village Hussepur, P.S.- Bhore, District Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Saket Tiwary, Advocate Mr. Kumar Rajdeep, Advocate Mr. Animesh Gupta, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Bhore P.S. Case No. 381 of 2023 dated 04.08.2023 registered for the offence punishable under Section 30(a) and 41(1) of Bihar Prohibition and Excise Act, 2016.

3. Mr. N.K. Agrawal, learned counsel for the petitioner submits that the petitioner is a female and she has been languishing in jail for the last four months and the investigation has been completed against her. It is further submitted that as per the allegation, in total 119.2 litres of country made liquor is alleged to have been recovered from the

Patna High Court CR. MISC. No.35143 of 2024(2) dt.08-07-2024 2/2 gate post of the petitioner but the said recovery was not made from the conscious possession of the petitioner and the seizure list witnesses are police officials.

4. Ms. Suman Kumari Singh, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly taking into account the completion of investigation against this petitioner and her custody period, this court is inclined to release her on bail. Accordingly, let the petitioner named-above be released 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 concerned Court in connection with Bhore P.S. Case No. 381 of 2023.

(Shailendra Singh, J) Rajiv/- U T