Patna High CourtCR. MISC./55880/2023allowed

Sunita 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.55880 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== Sunita Devi W/O- Yogendra Sah Asias Jago Sah R/O- Village- Bhelwa, P.S.- Bhawanipur, Dist- Purnea.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Nityanand ====================================================== 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 231.840 liters of foreign liquor from basa of the petitioner. The petitioner was apprehended by the police while she was trying to escape.

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.55880 of 2023(2) dt.31-08-2023 2/2 alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 21.7.2023.

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 period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhawanipur P.S. Case No. 183 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 Exclusive Special Excise Judge, Court No.2, Purnea. (Sunil Kumar Panwar, J) Amandeep/- U T