Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36711 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== Kumari Devi Wife Of Sukaru Mandal Resident Of Village - Bharatpatti, P.S. - Kaluahi, Distt. - Madhubani.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with G.R. No. 371/2023 arising out of Kaluahi P.S. Case No. 49/2023 registered for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 06.03.2023.

Patna High Court CR. MISC. No.36711 of 2023(2) dt.07-07-2023 2/3 The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 120 litres of IMFL/country made liquor from adjacent to the alleged house.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from the open place, adjacent to the house of this petitioner which appears not connected in any manner with petitioner during the course of investigation. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as alleged illicit liquor appears to be recovered from an open place, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 06.03.2023 accordingly, petitioner above named, is directed to be released on bail in connection with G.R. No. 371/2023 arising out of Kaluahi P.S. Case No. 49/2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.36711 of 2023(2) dt.07-07-2023 3/3 amount each to the satisfaction of learned Addl. Sessions Judge 2nd Cum Special Judge Excise Act, Madhubani/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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