Patna High CourtCR. MISC./45036/2024bail granted

Kakhmina Devi @ Geeta Devi v. The State Of Bihar

2024-07-24Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45036 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- SATHI District- West Champaran ====================================================== Kakhmina Devi @ Geeta Devi W/o Sri Nand Kishore Yadav R/o VillageBasantpur, P.S.-Sathi, District-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharad Kumar Verma, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sathi P.S. Case No. 88 of 2024 dated 12-05-2024, instituted for the offence punishable under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 50 liters of country made liquor from the bank of Sikrahna river. It is alleged that one person was apprehended at the spot, namely, Bunela Yadav who disclosed the names of others, including the petitioner, who succeeded in fleeing away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is submitted that the petitioner has been made accused

Patna High Court CR. MISC. No.45036 of 2024(2) dt.24-07-2024 2/2 only on the disclosure of Bunela Yadav. It is submitted that there is no recovery either from the conscious possession of the petitioner or from her house. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender before the learned Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, West Champaran at Bettiah, in connection with Sathi P.S. Case No. 88 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) shyambihari/- U T