Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41113 of 2024 Arising Out of PS. Case No.-114 Year-2024 Thana- CHHATAUNI District- East Champaran ====================================================== Pramila Devi Son of Mohan Prakash Resident of Village - Barabariyapur, P.S.- Chhatauni/Chatauni, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Chhatauni/Chatauni P.S. Case No.114 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The accused/petitioner named in the FIR and is in custody since 01.03.2024.

4. Allegation against the petitioner is to have in involved in trade of illicit liquor and there is recovery of total 31.44 litres of illicit liquor from the house of the petitioner.

Patna High Court CR. MISC. No.41113 of 2024(2) dt.12-06-2024 2/3

5. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. It is submitted that the recovery of illicit liquor was made from the house of the petitioner, which is occupied by other family members. It is submitted that the seizure list also appears doubtful being not supported by independent witness despite of availability. While concluding argument, it is submitted that petitioner is a lady of clean antecedent and moreover investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of aforesaid factual submissions and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner, who is a lady of clean antecedent, coupled with the fact that charge-sheet has

Patna High Court CR. MISC. No.41113 of 2024(2) dt.12-06-2024 3/3 already submitted, where petitioner is in custody since 01.03.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, East Champaran in connection with Chhatauni/Chatauni P.S. Case No.114 of 2024 subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J) mdrashid/- U T