Patna High CourtCR. MISC./45776/2023bail granted

Meena Devi @ Burhiya v. The State Of Bihar

2023-08-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45776 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== MEENA DEVI @ BURHIYA Wife of Late Lalo Paswan Resident of village - Chhoti Pahari, P.s. - Sohsarai, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 22 of 2022, registered for the offence punishable under Sections 307, 328, 120(B) of the Indian Penal Code and Sections 33, 34, 36 of the Bihar Excise and Prohibition Act, 2018.

3. As per prosecution case, the petitioner is said to have sold illicit liquor which has resulted in the death of persons. It appears that the petitioner deals in illicit liquor which has caused death. The petitioner is in custody since 24.06.2022. The petitioner is in accused in a case of death due to consuming illicit liquor.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.45776 of 2023(2) dt.04-08-2023 2/2 petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner.

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the fact that the petitioner is 70 years old lady, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Addl. District and Sessions Judge-cum-Special Judge, Excise-II, Bihar Sharif, Nalanda, in connection with Sohsarai P.S. Case No. 22 of 2022.

8. This is also subject to the condition that the petitioner shall mark his presence in Sohsarai Police Station, on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

(Sandeep Kumar, J) Ranjeet/- U T