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Patna High CourtCR. MISC./51018/2022allowed

Renu Devi v. The State Of Bihar

2022-11-22Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51018 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- KHARIK District- Bhagalpur ====================================================== Renu Devi, W/O Bablu Bhagat @ Manoj Bhagat, Resident of villageKhairpur, P.O.- Akidalpur, P.S.- Kharik, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Kharik P.S. Case No. 86 of 2022 registered for the alleged offences under Section 30(a) (c) of the Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, a raid was conducted on the house of the petitioner on information by the police that it was being used for manufacturing of illicit country made liquor. The petitioner was apprehended from the spot and recovery of 20 litres of country made chulai liquor, gas cylinder and other articles used in manufacturing of the illicit liquor were made

Patna High Court CR. MISC. No.51018 of 2022(2) dt.22-11-2022 2/3 from the house of the petitioner.

The learned counsel for the petitioner submits that the petitioner is a lady and has been falsely implicated in this case. Nothing incriminating has been recovered from her conscious possession. The petitioner is in custody since 01.04.2022 and the charge-sheet has been submitted in this case. Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is a lady and further considering her period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-1st Excise, Bhagalpur in connection with Kharik P.S. Case No. 86 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.51018 of 2022(2) dt.22-11-2022 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T