Patna High CourtCR. MISC./57277/2023bail granted

Babita Devi v. The State Of Bihar

2023-08-30Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57277 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== BABITA DEVI W/O RAMESH KUMAR PATEL R/O VILLAGE- WARD NO. 09, PURANI BAZAR, NARKATIYAGANJ, P.S- MAINTAND, DISTT.- WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Advocate.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-08-2023 Heard Mr. Umesh Kumar Gupta, learned counsel appearing on behalf of the petitioner and Mr. Nitya Nand Tiwary, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Maintand P.S. Case No. 97 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the F.I.R., altogether 37.68 litres of country made liquor was recovered from a motorcycle parked outside the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and she has falsely been implicated in the case. She has no concern either with the motorcycle or with the seized liquor. Petitioner is

Patna High Court CR. MISC. No.57277 of 2023(2) dt.30-08-2023 2/2 female and she is not involved in any manner in illicit trade of liquor. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, who is a lady is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Maintand P.S. Case No. 97 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T