Patna High CourtCR. MISC./60466/2024bail granted

Bulbuli Devi v. The State Of Bihar

2024-09-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60466 of 2024 Arising Out of PS. Case No.-283 Year-2024 Thana- Excise P.S. District- Katihar ====================================================== Bulbuli Devi wife of Kartik Mahaldar village - Bathaura, P.S. - Balia-Belon, Dist. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Qumrul Hoda For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per allegation in the FIR, on getting secret information, police raided the house of the petitioner and recovered 7 litres country made liquor from bamboo clamp adjacent to her house.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is a poor lady and she has been falsely implicated in this case at the instance of other villagers.

Patna High Court CR. MISC. No.60466 of 2024(2) dt.02-09-2024 2/2 Provision of Section 100 CR.P.C. has not been followed while preparing the seizure list as both the witnesses are police officials. Petitioner is languishing in judicial custody since 4.7.2024.

5. Learned APP appearing for the State has opposed the prayer of Bail and submitted that petitioner has six criminal antecedents.

6. Having heard learned counsel for the parties and considering the fact that petitioner is a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No. 1, Katihar in connection with Barsoi Excise P.S. Case No. 283 of 2024, subject to the condition that petitioners shall cooperate in the disposal of trial and be available as and when required by the Court.

(Nawneet Kumar Pandey, J) sushma/- U