Patna High CourtCR. MISC./54619/2023bail granted

Ramni Devi v. The State Of Bihar

2023-08-23Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54619 of 2023 Arising Out of PS. Case No.-374 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Ramni Devi W/o Late Jaikant Rishi, Resident of Village - Birpur, Kauwabari, ward no. 04, P.S. - K. Nagar, Distt. - Purnea, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-08-2023 Heard learned Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with K.Nagar P.S. Case No.374 of 2023 dated 20.06.2023, lodged under Sections 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

3. As per prosecution case, the F.I.R. has been lodged against the petitioner on the ground that recovery of 6 liter of local wine has been made from the possession of petitioner which was kept in the plastic bag but when Police come, she has thrown the said plastic bag.

4. Learned counsel for the petitioner submits that petitioner is a lady aged about 50 years and from the seizure list,

Patna High Court CR. MISC. No.54619 of 2023(2) dt.23-08-2023 2/2 it transpires that the said plastic bag has been recovered from Kachhi Sadak. He further submits that petitioner has also not been apprehended from the place of occurrence. He also submits that antecedent of petitioner is clean and there is recovery of 6 liter desi wine.

5. Learned A.P.P. for the State opposes the prayer for bail.

6. In the present facts and circumstances, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Court No.-1, Purnea, in connection with K.Nagar P. S. Case No.374 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Ritik/- U T