Patna High CourtCR. MISC./31525/2025bail granted

Jahri Devi @ Jarahi Devi v. The State Of Bihar

2025-05-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31525 of 2025 Arising Out of PS. Case No.-120 Year-2020 Thana- BIHTA District- Patna ====================================================== Jahri Devi @ Jarahi Devi W/O Jaggu Mahto Village- Ujiyar Tola, Bind Toli, PS- Nagar, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Special Excise Case No. 1544/2020, arising out of Bihta P.S. case No. 120 of 2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 240 kg. Mahua flower was recovered from two tempo.

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 no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.31525 of 2025(2) dt.14-05-2025 2/2 further submitted that the name of the petitioner has transpired on the basis of disclosure made by apprehended co-accused. The petitioner was sitting as a passenger and had no knowledge regarding the nature of goods kept in the tempo. The petitioner is a lady. The petitioner is in custody since 21.03.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Excise Case No. 1544/2020, arising out of Bihta P.S. case No. 120 of 2020. (Rudra Prakash Mishra, J) Pankaj/- U T