Patna High CourtCR. MISC./53933/2023allowed

Baishakhi Devi v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53933 of 2023 Arising Out of PS. Case No.-176 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== BAISHAKHI DEVI WIFE OF SUGO SADA RESIDENT OF VILLAGEBARIARPUR, PS- PIRI BAZAR, DIST- LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per prosecution case, there has been recovery of 15 liters of illegal country-made liquor from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern with the seized wine. No incriminating article has been recovered from the conscious possession of the petitioner. Due to his criminal

Patna High Court CR. MISC. No.53933 of 2023(2) dt.25-08-2023 2/2 antecedents, she has been implicated in the present case. She is languishing in judicial custody since 21.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, period of custody as well as being a lady, 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 Court below in connection with Piri Bazar P.S. Case No. 176 of 2021.

(Sunil Kumar Panwar, J) arish/- U