Anuradha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49961 of 2022 Arising Out of PS. Case No.-255 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== ANURADHA KUMARI W/o Sintu Kumar Resident of Village- Hilsa, P.S.- Hilsa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushen Kumar Keshri For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Excise (Patna) Case No. 255 of 2022 registered for the offence under Sections 30(a), 32, and 56(c) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 22.05.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 3035.48 litres of IMFL.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.49961 of 2022(2) dt.29-09-2022 2/2 submitted that alleged recovery of illicit liquor was made from a room, which was given on rent by the husband of this petitioner. It is also submitted that petitioner is a lady of clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as no recovery of illicit liquor appears to be made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Excise (Patna) Case No. 255 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Patna / concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T