Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43155 of 2017 Arising Out of PS. Case No.-79 Year-2017 Thana- NAWADA District- Nawada ====================================================== Asha Devi , Wife of late Veer Chand Chaudhary @ Late Shankar Choudhary Resident of Village: Pampukal Road, Dom Toli Nawada, Police Station: Nawada Town, District: Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-09-2017 Heard Sri Arjun Prasad , learned counsel for the petitioner and learned A.P.P.

The sole petitioner, who is in custody since 18.07.2017 in Nawada Town ( Nagar ) P.S. Case No. 79 of 2017 registered for the offence under Section 272, 273 of the Indian Penal Code 1860 and section 30(a) of the Bihar Prohibition And Excise Act 2016 has prayed for grant of bail . It was submitted by learned counsel for the petitioner that in the house of the petitioner while he was away a raid was conducted and from said house huge quantity i.e. 500 liters of country made liquor was shown recovered from the house of the petitioner and at that very time two sons of the petitioner were arrested. Learned counsel for the petitioner has also drawn my

Patna High Court Cr.Misc. No.43155 of 2017(2) dt.19-09-2017 2/2 attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. Besides this he has argued that both sons of the petitioner who were apprehended have already been granted bail vide order dated 10.8.2017 in Cr. Misc. 36755 of 2017. Considering the nature of accusation, clean antecedent , period of custody as well as the fact that co- accused have already been granted bail , there is no reason to further detain the petitioner.

Let the petitioner Asha Devi be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge, Nawada - cum- Special Judge, Nawada / concerned court in connection with Nawada Town ( Nagar ) P.S. Case No. 79 of 2017 . (Rakesh Kumar, J) praful/- U