Patna High CourtCR. MISC./44052/2024bail granted

Joniha Devi v. The State Of Bihar

2024-07-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44052 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- BIHIA District- Bhojpur ====================================================== Joniha Devi S/O Dharmendra Mushar R/O Village-Gus Musahar Toli, P.S.- Bihiya, Distt-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act 2018 . 3 . It is alleged that 100 liters mahua wine was recovered from the hut of co-accused Dharmendra Mushar.

4. It is submitted that the petitioner is innocent and has falsely been implicated in this case merely because she happens to be the wife of co-accused Dharmendra Mushar. The hut in question belongs to husband of the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner and she is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.44052 of 2024(2) dt.24-07-2024 2/2

5. Learned counsel for the State opposes the bail petition.

6. Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court Ist Bhojpur at Ara in connection with Bihiya Police Station Case No. 106 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T