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Patna High CourtCR. MISC./54253/2023allowed

Sudha Devi @ Sudha v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54253 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== Sudha Devi @ Sudha W/O Sharvan Kumar Lal R/O Village- Bhachhi, P.SBaheri, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 86.580 litres of foreign liquor from the bags kept in the train bogie and petitioner was apprehended on the spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is a lady and she has falsely been implicated in the present case on the basis of suspicion. She has no concern with the alleged recovery or with the bags from

Patna High Court CR. MISC. No.54253 of 2023(2) dt.25-08-2023 2/2 which alleged liquor was said to be recovered. No any incriminating article has been recovered from her conscious possession. She has got no criminal antecedent and she is languishing in judicial custody since 18.06.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise Act)-2, Samastipur in connection with Samastipur Rail P.S. Case No. 131 of 2023.

(Sunil Kumar Panwar, J) lata/- U T