Patna High CourtCR. MISC./39691/2023allowed

Usha Devi @ Usha Kumari v. The State Of Bihar

2023-07-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39691 of 2023 Arising Out of PS. Case No.-433 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== Usha Devi @ Usha Kumari Daughter Of Shankar Manjhi Residents Of Village Suraj Pokhar Bhuiya Toil Manpur P S Buniyadganj District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 10 litres of illicit liquor from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery. The alleged house is a joint house. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 25.03.2023.

Patna High Court CR. MISC. No.39691 of 2023(2) dt.26-07-2023 2/2

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Gaya in connection with Buniyadganj P.S. Case No. 233 of 2023.

(Sunil Kumar Panwar, J) sushma/- U