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Patna High CourtCR. MISC./35811/2023bail granted

Ram Raji Devi v. The State Of Bihar

2023-07-21Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35811 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== Ram Raji Devi, aged about 45 years, female, wife of Late Ram Gulam Mukhiya, Resident of village - Dumra, P.S. - Saharghat, Distt. - Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate :

Mr. Vinod Kumar, Advocate For the Opposite Party :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Saharghat P.S. Case No. 26 of 2023 dated 28.02.2023, instituted for the offence punishable under Sections 272 & 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Allegation is of recovery of 90 liter illicit liquor from the backside of the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. She has no concern with the recovered liquor. It is further submitted that the illicit liquor was recovered from the open

Patna High Court CR. MISC. No.35811 of 2023(2) dt.21-07-2023 2/2 place which does not belong to the petitioner. Lastly, it has been submitted that she has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Saharghat P.S. Case No. 26 of 2023, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II, cum-Special Judge, Excise Act, Madhubani subject to condition as laid down under Section 438(2) of the Criminal Procedure Code. (Khatim Reza, J) Gaurav Kumar/- U