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Patna High CourtCR. MISC./24934/2018bail granted

Sangeeta Devi v. The State Of Bihar

2018-05-10Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24934 of 2018 Arising Out of PS.Case No. -27 Year- 2018 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sangeeta Devi, Wife of Manoj Kumar @ Manoj Sukla, Resident of Village- Khiriya Ghat, Police Station- Bairiya, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and the learned APP for State.

The petitioner is languishing in judicial custody since 16.03.2018 in connection with Chautarwa PS Case No. 27 of 2018 for offences punishable under Section-30(a) of the Bihar Prohibition of Excise Act, 2016.

The prosecution case, as lodged by the informant, is that on secret information that consignment of illicit liquor is being carried in a car, the police constituted a team but the said Wagon-R car met with an accident and the petitioner along with another co-accused Ankit Kumar were apprehended in an injured condition. Two of the co-accused fled away from the car. 34 pieces of canned bear, in which 8 pieces were damaged, were recovered and 28 pieces 500 ml 70 litres of canned bear was

Patna High Court Cr.Misc. No.24934 of 2018 (3) dt.10-05-2018 recovered in which 8 pieces were damaged, and 6 bottles of 375 ml each foreign liquor was recovered, in which, two were damaged. Accordingly the seizure list was prepared. It has been submitted by the learned counsel for the petitioner that she is innocent and does not have criminal history. She has falsely been implicated in the present case. It is submitted that she is languishing in judicial custody since 16.03.2018 and had suffered fracture at various places on her body. He further submits that co-accused apprehended along with the petitioner has since been granted privilege of bail by a coordinate bench of this court in Cr. Misc. No. 21964 of 2018 vide order dated 17-04-2018. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Bettiah, District-West Champaran in connection with Chautarwa PS Case No. 27 of 2018. (Nilu Agrawal, J) A.K.V./- U T