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Patna High CourtCR. MISC./35567/2024allowed

Usha Devi v. The State Of Bihar

2024-05-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35567 of 2024 Arising Out of PS. Case No.-25 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Usha Devi Wife of Farku Rai @ Pharku Yadav R/O Village- Karasghat, P.S.- Mohamadpur, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 3.

Altogether 1600 liters of raw spirit is said to have been recovered from the land and asbestos house of one Farku Rai, who is the husband of the petitioner.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No incriminating article has been recovered from the conscious physical possession of the petitioner. There is general and omnibus allegation against the petitioner. She has no concern with the recovery of the raw

Patna High Court CR. MISC. No.35567 of 2024(2) dt.17-05-2024 2/2 spirit. The petitioner has no criminal antecedent and has been languishing in custody since 05.03.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Mohammadpur P.S. Case No.25 of 2022.

(Anjani Kumar Sharan, J) pallavi/- U T