Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59191 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== KIRAN DEVI W/o Arvind Tanti R/o village- Bhagwanpur, Ward No. 03, P.S.- Mufassil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-05-2022 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Excise P.S. Case No. 01/2021 instituted for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2018. On secret information that the petitioner has asked for a consignment of liquor, the police party had proceeded to raid her house. On way, they found an abandoned vehicle from where approximately 350 litres of liquor was recovered. Later, when the house of the petitioner was raided, she was found to be hiding 50 litres of liquor in the orchard next to her house. She is said to have confessed that the liquor found in the vehicle also belongs to her and that she earns her livelihood by indulging in

Patna High Court CR. MISC. No.59191 of 2021(2) dt.23-05-2022 2/2 such trade.

Learned counsel for the petitioner has submitted that such accusation is only on the basis of stray information having been provided to the local police. The petitioner was forced to make a confession that the liquor which was seized from the abandoned vehicle also belonged to her.

It has further been submitted that the accusation is absolutely false and in the past the petitioner was made accused in a case of similar nature about which reference has been made in paragraph-3 of the bail petition but in that case she is on bail. In the present case the petitioner is in custody since 05.08.2021.

Regard being had to the period of custody of the petitioner and her gender, she is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge Excise Act, Begusarai in connection with Excise P.S. Case No. 01/2021.

(Ashutosh Kumar, J) krishna/- U T