Patna High CourtCR. MISC./55890/2023allowed

Pinki Devi @ Pinky Devi v. The State Of Bihar

2023-08-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55890 of 2023 Arising Out of PS. Case No.-205 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== Pinki Devi @ Pinky Devi W/O Jagdish Mahato R/O Adda No. 2, Mission Compound Road, P.S- Rivilganj, Distt.- Saran At Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per FIR, prosecution case relates to recovery of total 300 liters of illicit liquor from bank of Saryu River and the petitioner was apprehended on spot why she was distilling illicit liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. She has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner has no concern with the

Patna High Court CR. MISC. No.55890 of 2023(2) dt.31-08-2023 2/2 alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been recovered from conscious possession of the petitioner. The petitioner is a lady who is languishing in judicial custody since 8.7.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the fact that the petitioner is a lady as well as her custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rivilganj P.S. Case No. 205 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra. (Sunil Kumar Panwar, J) Amandeep/- U T