Patna High CourtCR. MISC./54486/2023allowed

Usha Chaudhary v. The State Of Bihar

2024-01-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54486 of 2023 Arising Out of PS. Case No.-372 Year-2021 Thana- NAWADA District- Nawada ====================================================== Usha Chaudhary W/O Raju Chaudhary R/O Village- Kharidi Bigha, P.SNawada (Nagar), Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 33, 34, 36, 37(b) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the allegation of selling spurious liquor against the petitioner. It is further alleged that from consuming spurious liquor, some persons became ill and one person died during treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. The petitioner is not named in FIR and nothing has been recovered from the conscious possession of the petitioner and she has no concern with the

Patna High Court CR. MISC. No.54486 of 2023(5) dt.22-01-2024 2/2 alleged occurrence. Similarly situated other co-accused persons have already been granted bail another co-ordinate Benches of this Court vide order date 07.08.2023 in Cr Misc. No. 74701 of 2022 and order dated 13.10.2022 in Cr. Misc. No. 71708 of 2021. Moreover, the petitioner is languishing in judicial custody since 21.12.2021.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner and being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada (Nagar) P.S. Case No. 372 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge 1st, Nawada.

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