Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55647 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- KURSAILA District- Katihar ====================================================== Rita Devi W/O Sulendra Yadav @ Luto Resident of Village- Maliniya, P.S.- Kursela, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Kursela P.S. Case No. 85 of 2022 lodged under Section 30(a) of the Bihar Prohbition and Excise (Amendment) Act, 2018. As per the prosecution case, total recovery of 111.54 liter of foreign wine has been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that petitioner's name has been figured in this case by virtue of secret information. Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.55647 of 2022(2) dt.02-12-2022 2/2 that from the seizure list it transpires that the said recovery has been made from a railway gumti which is a public place. He further submits that petitioner is in custody since 12.08.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Distt. & Sessions Judgecum-Special Judge (Excise), Court-2, Katihar in connection with Kursela P.S. Case No. 85 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T