Bhatumani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49747 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== BHATUMANI DEVI W/o Dinanath Sah R/o village- Laxamipur Rampurwa, P.S.- Valmikinagar, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise Case No. 142/2022 registered for the offences punishable under Sections 30(a) and 30 (c) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of total 05 liters country made illicit liquor alongwith other preparing material from the house of petitioner. The petitioner apprehended on the spot.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.49747 of 2022(2) dt.23-09-2022 2/3 petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 07.07.2022 and bears no criminal antecedent. He further submits that the petitioner has no concern with the alleged recovery because the said recovery has been made from the joint house of the petitioner. The petitioner has neither sold the wine nor prepared the illicit liquor.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bagaha, West Champaran in connection with Excise Case No. 142/2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.49747 of 2022(2) dt.23-09-2022 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T