Usha Chaudhary @ Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34060 of 2023 Arising Out of PS. Case No.-376 Year-2021 Thana- NAWADA District- Nawada ====================================================== USHA CHAUDHARY @ USHA DEVI Wife of Raju Chaudhary @ Rajo Chaudharu Resident of Village - Chaudhary Tola, Kharidi Bigha, P.S.- Nawada (Nagar), District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Nawada (Nagar) P.S. Case No. 376 of 2021 dated 02.04.2021 registered for the offences punishable u/s 33, 34 and 36 of the Bihar Prohibition and Excise Act.

As per the prosecution case, one Parbhakar Kumar died due to consuming of spurious liquor. It is further alleged that the said liquor was purchased from the petitioner.

Patna High Court CR. MISC. No.34060 of 2023(2) dt.25-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up during the course of the investigation. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is also accused in two other criminal cases which are related to Excise Act as stated in para 3 of the bail petition. The petitioner is in custody since 11.04.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada (Nagar) P.S. Case No. 376 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T