Patna High CourtCR. MISC./48525/2024bail granted

Rajvanti Kuwar @ Phua @ Pua v. The State Of Bihar

2024-07-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48525 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- Excise P.S. District- Gopalganj ====================================================== Rajvanti Kuwar @ Phua @ Pua W/o Ramchandra sahani R/o VillageDumariya, P.S.-Mohammadpur, District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise Mohammadpur P.S. Case No. 32 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 75.72 litres of foreign liquor and country-made chulai have recovered from outside the house of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner is a innocent lady aged about 63 years and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.48525 of 2024(2) dt.10-07-2024 2/2 rather the recovery has been made from outside the house of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Charge-sheet has been submitted in this case. The petitioner is in custody since 10.04.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Mohammadpur P.S. Case No. 32 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T