Patna High CourtCR. MISC./56737/2023bail granted

Rita Devi v. The State Of Bihar

2023-08-30Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56737 of 2023 Arising Out of PS. Case No.-270 Year-2023 Thana- ATRI District- Gaya ====================================================== RITA DEVI W/o Dinesh Chaudhary R/o vill - Gehuni, P.S. - Atri, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Atri P.S. Case No. 270 of 2023, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per prosecution, 8 litres of illicit Mahua liquor has been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent no incriminating material has been recovered from the possession of the petitioner and she is in custody since 10.06.2023.

5. Learned APP has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.56737 of 2023(2) dt.30-08-2023 2/2

6. Considering the aforesaid fact, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Gaya in connection with Atri P.S. Case No. 270 of 2023.

8. The Additional Sessions Judge-cum-Exclusive Special Excise Court No. 1, Gaya is directed to consider the bail application in excise act matters more liberally in cases of recovery of small quantity of illicit liquor and in cases of consumption of liquor. He should not burden this Court with such petty matters.

9. Let a copy of this order be communicated to the District Judge, Gaya for its forthwith compliance. (Sandeep Kumar, J) Ranjeet/- U T