Usha Chaudhary @ Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62919 of 2023 Arising Out of PS. Case No.-602 Year-2020 Thana- NAWADA District- Nawada ====================================================== Usha Chaudhary @ Usha Devi Wife Of Rajo Chudhary @ Raju Chaudhary Residents Of Village -CHAUDHARY Tola, Kharidi Bigha, Ps- Nawada (NAGAR), Distt- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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 Sections 30(a), 30(d), 30(f), 33, 41 and 52 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 5000 liters of spirit from a Truck.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. The petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of other coaccused. The petitioner has no concern either with the seized
Patna High Court CR. MISC. No.62919 of 2023(2) dt.22-09-2023 2/2 vehicle or with the spirit in question. It is further submitted that one co-accused namely, Kaushal Yadav, has already been granted bail by this Court vide order dated 30.08.2023 passed in Cr. Misc. No. 55517 of 2023 and its analogous case. She is languishing in judicial custody since 20.04.2021.
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 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 Nawada P.S. Case No. 602 of 2020. (Sunil Kumar Panwar, J) Arish/- U T