Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53522 of 2021 Arising Out of PS. Case No.-383 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== MANJU DEVI WIFE OF SANJAY CHOUDHARY R/O - KEDARNATH MATH, LOHARWAGHAT, P.S.- ALAMGANJ, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2022 Heard Mr. Praveen Kumar, learned counsel for the petitioner and Ms. Madhuri Lata, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Special Case No. 4079/2021 arising out of Alamganj PS Case No. 383/2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act 2016. As per prosecution case, the police got an information that the illicit liquor was being sold in front of the house of one Sanjay Chaudhary, proceeded towards the place of occurrence and upon seeing the police party two persons, one female and a male who were indulged in sale of illicit liquor fled away. Local people disclosed the name of the accused persons as petitioner and her husband. The police recovered 60 litres of country made

Patna High Court CR. MISC. No.53522 of 2021(3) dt.13-05-2022 2/3 illicit wine from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner is the wife of co-accused, Sanjay Chaudhary and she has been implicated in this case merely because she happens to be the wife of co-accused, Sanjay Chaudhary. He further submits that the illicit liquor has not been recovered from inside the house of the petitioner or from her conscious possession rather the same has been recovered from a place situated in front of the house of the petitioner. The petitioner being a lady is in custody since 29.07.2021 and the charge-sheet in the matter has been submitted.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the illicit liquor has not been recovered from the conscious possession of the petitioner, she being a lady is in custody since 29.07.2021 and the charge-sheet in the matter has been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, MANJU DEVI be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Escise, Patna in

Patna High Court CR. MISC. No.53522 of 2021(3) dt.13-05-2022 3/3 connection with Special Case No. 4079/2021 arising out of Alamganj PS Case No. 383/2021.

(Anil Kumar Sinha, J) perwez U T