Patna High CourtCR. MISC./59004/2017bail granted

Lali Devi v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59004 of 2017 Arising Out of PS.Case No. -483 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================

1. Lali Devi W/o Santosh Mahto @ Kishan Mahto @ Mangra, R/o Dhantili Karja, P.S.- Karja, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radhe Shyam, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 6539 of 2017 arising out of Agamkuan P. S. Case No. 483 of 2017 instituted for the offence punishable under Section 30 (a) of the Bihar Excise Prohibition Amendment Act, 2016.

The allegation is regarding recovery of 258 liters of illicit liquor from the incomplete house, belonging to the petitioner.

Learned counsel for the petitioner submits that the alleged recovery has not been made from the house of the petitioner but the alleged liquor has been recovered from the

Patna High Court Cr.Misc. No.59004 of 2017 (2) dt.22-12-2017 2/2 incomplete or unconstructed house of the father of the petitioner for which the petitioner has been falsely implicated. It is submitted that the petitioner has clean antecedent and she is in custody since 29.09.2017.

Considering the nature of accusation, period of custody undergone and clean antecedent, I deem it fit and appropriate to direct the release of the petitioner. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Agamkuan P. S. Case No. 483 of 2017. (Mohit Kumar Shah, J) Sudha/- U T