Patna High CourtCR. MISC./60894/2023bail granted

Sangita Devi v. The State Of Bihar

2023-10-11Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60894 of 2023 Arising Out of PS. Case No.-317 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== SANGITA DEVI wife of Prasad Maraiya Village- Santnagar Chauka W. No3, Ps- K. Nagar Champanagar Dist- purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandrasekhar Sharma, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with K.Nagar (Champanagar) P.S. Case No. 317 of 2023, dated 29.05.2023, registered for the offence punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. The case of prosecution, in short, is that 5 litres country made wine was recovered near the house of Lakhi Maraiya.

4. Learned counsel for the petitioner submits that petitioner has not been arrested from the place of occurrence. Nothing has been recovered from the house of the petitioner. Due to village politics she has been made accused in the case.

Patna High Court CR. MISC. No.60894 of 2023(2) dt.11-10-2023 2/2 The petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail to the petitioner.

6. Having considered the facts and circumstances of the case and the submissions of learned counsel for the parties, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six 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 Special Excise Act, Court No.1, Purnea in connection with Special Excise No. 128 of 2023, arising out of K.Nagar (Champanagar) P.S. Case No. 317 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) pravinkumar/- U T