Sano Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53365 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- KOTWALI District- Patna ====================================================== SANO DEVI, W/o DHORWA PRASAD @ BAIJNATH PRASAD R/o MOHALLA - KAMLA NEHRU NAGAR, P.S.- KOTWALI, DISTRICTPATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Special Case No. 1971 of 2021, arising out of Kotwali Police Station Case No. 131 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police recovered 72 litres of illicit countrymade liquor from a room situated in the residential house of the petitioner.

Learned Counsel for the petitioner submits that from perusal of the First Information Report, it would be evident that the police had got information that the husband of the petitioner had brought the liquor and kept it in the house. He further

Patna High Court CR. MISC. No.53365 of 2021(2) dt.06-05-2022 2/2 submits that the petitioner is residing in the said house along with her husband, and as such, she has been made accused in the present case and she has not committed any offence in the manner alleged. He further submits that the petitioner, being a lady, is in custody since 16.03.2021 and charge sheet has been submitted against her and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that charge sheet has already been submitted and the petitioner is in custody since 16.03.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 1971 of 2021, arising out of Kotwali Police Station Case No. 131 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √