Patna High CourtCR. MISC./39544/2024bail granted

Nirmala Devi v. The State Of Bihar

2024-08-02Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39544 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- DHANSOI District- Buxar ====================================================== Nirmala Devi SON OF PARSHURAM CHOUDHARI R/O VILLAGEUTTARI DILIYA TOLA PS- DHANSOI, DIST- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman.

4. Allegation is of recovery of 130 litres of liquor along with other articles as detailed in the FIR.

5. Learned counsel for the petitioner submits that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with and the house in question is a joint family property as such petitioner was not aware who had kept the liquor in the house but since petitioner was present in the house as such she was

Patna High Court CR. MISC. No.39544 of 2024(3) dt.02-08-2024 2/2 arrested and is in custody since 02.04.2024.

6. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

7. Considering the submissions aforesaid, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Dhansoi P.S. Case No. 50 of 2024.

(Satyavrat Verma, J) Kundan/- U T