Patna High CourtCR. MISC./62414/2021bail granted

Asha Devi v. The State Of Bihar

2022-01-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62414 of 2021 Arising Out of PS. Case No.-117 Year-2021 Thana- MEHANDIA District- Jehanabad ====================================================== Asha Devi Wife of Late Baiju Chaudhary Residence of village - Mahavir Ganj, Pahlega, P.S.- Mahendiya, Dist.- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks bail in connection with Excise Case No. 753 of 2021 arising out of Mahendia P.S. Case No. 117 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 04.09.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and is a lady.

Learned counsel for the petitioner submits that allegation is of recovery of 50 litres of liquor from an auto, the driver disclosed his name as Ashok Kumar and the petitioner was sitting in the auto.

Patna High Court CR. MISC. No.62414 of 2021(2) dt.28-01-2022 2/2 Learned counsel for the petitioner submits that the petitioner was a bonafide passenger and came to be implicated merely because she was found sitting in the auto of which Ashok was the driver and as such was not aware what was kept in the auto.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 04.09.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Jehanabad in connection with Excise Case No. 753 of 2021 arising out of Mehandia P.S. Case No. 117 of 2021.

(Satyavrat Verma, J) Rishi/- U T