Patna High CourtCR. MISC./63090/2023bail granted

Siyapati Devi @ Siyavati Devi @ Siya Devi v. The State Of Bihar

2023-10-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63090 of 2023 Arising Out of PS. Case No.-205 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Siyapati Devi @ Siyavati Devi @ Siya Devi, aged about 59 years (Female), W/O Prameshwar Choudhary @ Parmeshwar Chaudhary, R/O MohallaNawdiha, P.S- Fatehpur, Distt.- Gaya. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party :

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Fatehpur P.S. Case No. 205 of 2023 dated 17.03.2023 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, 50 litres of illicit Mahua liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent, as stated in paragraph no. 3 of the bail petition. It is further submitted that

Patna High Court CR. MISC. No.63090 of 2023(2) dt.06-10-2023 2/2 the alleged recovery of wine has not been made from conscious possession of the petitioner rather the same has been recovered from the joint house of the petitioner. The petitioner is a lady and she is in custody in this case since 21.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Gaya, in connection with Fatehpur P.S. Case No. 205 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T