Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36125 of 2020 Arising Out of PS. Case No.-215 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== MINA DEVI WIFE OF LAXMI NARAYAN SINGH @ LAXMI NA. SINGH RESIDENT OF VILLAGE - BELA GOPI, P.S. - GAIGHAT, DISTRICT - MUZAFFARPUR, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Mritunjay Kumar Nirala.

The petitioner seeks regular bail in connection with Gaighat P.S. Case No. 215 of 2020, registered for the offence punishable under Sections 272, 273, 290/34 of the Indian Penal Code and Sections 30(a)/41/56 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 45 liters of illicit liquor from the husk hut of the petitioner. It is alleged that various quantities of illicit liquor was also recovered by the informant

Patna High Court CR. MISC. No.36125 of 2020(2) dt.27-01-2021 2/3 from other place.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case, she is having a clean antecedent and she is languishing in custody since 30.07.2020. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and there is no compliance of Section 100 Cr.P.C. while preparing the seizure list.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and she is languishing in custody since 30.07.2020, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.36125 of 2020(2) dt.27-01-2021 3/3 Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Gaighat P.S. Case No. 215 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T