Patna High CourtCR. MISC./44054/2023allowed

Babita Jaysawal v. The State Of Bihar

2023-07-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44054 of 2023 Arising Out of PS. Case No.-160 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== BABITA JAYSAWAL W/O RAJESH JAISWAL @ RAJESH JAYSAWAL R/O VILLAGE- DILDAR NAGAR, PS. DILDAR NAGAR, DIST. GAJIPUR (UTTAR PRADESH) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per prosecution case, there has been recovery of 41.600 liters of illegal foreign liquor from a Tempo Stand of Nayka Tola.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized wine. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.44054 of 2023(2) dt.28-07-2023 2/2 conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not followed in this case. She is languishing in judicial custody since 24.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, period of custody as well as being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Jagdishpur P.S. Case No. 160 of 2023.

(Sunil Kumar Panwar, J) arish/- U T