Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69687 of 2021 Arising Out of PS. Case No.-152 Year-2021 Thana- MAHESHKHUNT District- Khagaria ====================================================== CHANDA DEVI Wife of Dilip Chaudhary Resident of Village - Chhoti Jhiktiya, Police Station - Maheshkhunt, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Maheshkhut P.S. Case No. 152 of 2021, registered for the offence punishable under Section 188 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding the police having conducted a raid in the house of the co-accused person, namely, Kundan Chaudhary, and upon search, 25 liters of illicit country made chulai liquor was recovered and the petitioner was

Patna High Court CR. MISC. No.69687 of 2021(2) dt.08-06-2022 2/3 arrested from the spot.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case, she is having a clean antecedent and she is languishing in custody since 23.9.2021. The learned counsel for the petitioner has further submitted that the house in question does not belong to the petitioner, hence, she was not aware that illicit liquor had been kept in the house by the owner of the house.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is

Patna High Court CR. MISC. No.69687 of 2021(2) dt.08-06-2022 3/3 directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Khagaria in connection with Maheshkhut P.S. Case No. 152 of 2021.

(Mohit Kumar Shah, J) Ajay/- U T