Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6023 of 2021 Arising Out of PS. Case No.-66 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

LALITA DEVI W/o Sadhu Kewat Resident of Village - Gangta, P.S.- Lakhisarai, Distt.- Lakhisarai.

2.

Rita Devi W/o Bhunna Kewat @ Munna Kevat Resident of Village - Gangta, P.S.- Lakhisarai, Distt.- Lakhisarai. 3.

Dukhani Devi W/o Gopali Kewat Resident of Village - Gangta, P.S.- Lakhisarai, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Lakhisarai (Amhara) P.S. Case No. 66/20 instituted for the offence under Sections 30(a)/36 of the Bihar Prohibition and Excise Act, 2016.

The petitioners are alleged to have indulged themselves in manufacture / brewing of local liquor. According to the First Information Report, 50 litres of locally brewed liquor is said to have been recovered from a field

Patna High Court CR. MISC. No.6023 of 2021(2) dt.02-11-2021 2/3 belonging to one Jitu Kewat.

The accusation against the petitioners, it has been urged, is only on the basis of stray information provided to the police party. There is nothing on record to indicate any connection between the offence and the petitioners. The petitioners are ladies who have got clean antecedents.

On the basis of these facts, the learned counsel for the petitioners has argued that the offence under the Excise Act, cannot be said to have been made out against the petitioners.

Regard being had to the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cumSpecial Judge (Excise), Lakhisarai, in connection with

Patna High Court CR. MISC. No.6023 of 2021(2) dt.02-11-2021 3/3 Lakhisarai (Amhara) P.S. Case No. 66/20, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T