Pano Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42074 of 2021 Arising Out of PS. Case No.-403 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== PANO DEVI W/O JALESHWAR RAM Resident of Village - Khabra, Shankar Tola, P.S.- Sadar, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sadar Police Station Case No. 403 of 2021, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that a total quantity of 44.235 litres of illicit liquor has allegedly been recovered from the house of the petitioner. Learned Counsel for the petitioner submits that the petitioner, being a lady, has not committed any offence in the manner alleged. He further submits that the petitioner has got no criminal antecedent and in the house, from where illicit liquor

Patna High Court CR. MISC. No.42074 of 2021(2) dt.31-01-2022 2/3 has been recovered, other family members of the petitioner also reside. He further submits that the petitioner is in custody since 02.06.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner, being a lady, has got no criminal antecedent, she is in custody since 02.06.2021, charge sheet has already been submitted and there is no likelihood of the trial being concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with Sadar Police Station Case No. 403 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √

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