Patna High CourtCR. MISC./60001/2023allowed

Kunti Devi v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60001 of 2023 Arising Out of PS. Case No.-530 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== KUNTI DEVI wife of Dhobhi Saw @ Rajesh Saw Village- Gere, Dhankutti Ps- Mufassil Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Promad Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 39.5 liters of illegal foreign liquor from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern with the seized wine rather where the recovery has been made is a joint property of petitioner and her Gotani and others are living in

Patna High Court CR. MISC. No.60001 of 2023(2) dt.14-09-2023 2/2 that house. The provision of Section 100 of the Cr.P.C. has not followed in this case. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 08.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, petitioner being a lady as well as period of custody, 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 Court below in connection with Gaya Muffasil P.S. Case No. 530 of 2023. (Sunil Kumar Panwar, J) arish/- U