Nunu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49894 of 2021 Arising Out of PS. Case No.-230 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== NUNU DEVI W/O MUNESH PASWAN R/o village- Hariharpur, P.S.- Pupri, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Pupri Police Station Case No. 230 of 2021, registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as per the First Information Report, is that the police, on the basis of secret information, arrived at the place of occurrence and upon seeing the police party, 4 persons succeeded in fleeing away from the place of occurrence and the police recovered 61.5 litres of illicit liquor kept in two bags on the motorcycle kept in the courtyard of the house of the petitioner.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.49894 of 2021(2) dt.11-03-2022 2/3 petitioner, being a lady, has not committed any offence in the manner alleged and she has falsely been implicated in this case on the basis of recovery of illicit liquor from the courtyard of her house. He further submits that the house is a joint property, in which other members of the family also reside and she is not the owner of the motorcycle, from where illicit liquor has been recovered. He further submits that the petitioner is in custody since 05.07.2021, having no criminal antecedent and charge sheet has been submitted against her and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner, being a lady, has got no criminal antecedent, charge sheet has already been submitted, the petitioner is in custody since 05.07.2021 and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each

Patna High Court CR. MISC. No.49894 of 2021(2) dt.11-03-2022 3/3 with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Sitamarhi, in connection with Pupri Police Station Case No. 230 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √