Sukhmeera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59474 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- NATHNAGAR District- Bhagalpur ====================================================== Sukhmeera Devi, Son Of Late Omprakash Chaudhary, Resident Of Village - Sahjadpur, Police Station - Madhusudanpur (O.P.) Nathnagar, District - Bhagalpur.

... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baijnath Sah, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-09-2024 Heard Mr. Baijnath Sah, learned counsel appearing on behalf of the petitioner and Mr. Ramesh Chandra, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Madhusudanpur (O.P.) Nathnagar P.S. Case No. 131 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The allegation is of recovery of 10 liters country made wine from the court yard of the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. He has no concern either with the seized wine or trade of wine in any manner. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on bail.

Patna High Court CR. MISC. No.59474 of 2024(2) dt.11-09-2024 2/2

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-12-cum-Special Exclusive Excise Judge No.2, Bhagalpur in connection with Madhusudanpur (O.P.) Nathnagar P.S. Case No. 131 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J.) Ashishsingh/- U T