Phulwa Devi @ Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42113 of 2023 Arising Out of PS. Case No.-488 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== PHULWA DEVI @ MALTI DEVI SON OF LATE GAUTAM MANJHI RESIDENT OF VILLAGE- BHAWANI BIGHA, PS- BARACHATTI, (MOHANPUR OP) DISTT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Narayan Jamuar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 30 liters of illegal country-made Mahua liquor from the house of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. He submitted that the petitioner along with other family members were residing in the dwelling house from where the recovery has been made. The provision of

Patna High Court CR. MISC. No.42113 of 2023(2) dt.14-07-2023 2/2 Section 100 of the Cr.P.C., has not followed in this case, while preparing the seizure list. Petitioner has no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 24.05.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Barachatti P.S. Case No. 488 of 2023.

(Sunil Kumar Panwar, J) arish/- U T