Patna High CourtCR. MISC./49352/2024allowed

Nisha Kumari v. The State Of Bihar

2024-07-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49352 of 2024 Arising Out of PS. Case No.-94 Year-2024 Thana- RUPAULI District- Purnia ====================================================== Nisha Kumari, aged about 30 years, Female, Wife of Lallan Jaiswal R/O Vill.- Birouli Bazar, P.S.- Rupauli, Dist.- Purnea.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rabindra Kumar Priyadarshi, Advocate For the Opposite Party :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rupauli P.S Case No. 94 of 2024 dated 14.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 75.750 litres of illicit English liquor was recovered from the three bags which were under the bed of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the lady having children in her lap. Nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.49352 of 2024(2) dt.10-07-2024 2/2 the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Rupauli P.S Case No. 94 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/amanU T