Shobha Devi @ Shobha Divi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65522 of 2023 Arising Out of PS. Case No.-474 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Shobha Devi @ Shobha Divi, female, aged about 40 years, wife of Bhajan Rai, resident of village- Baghra, PS- Patori, Mohanpur (OP), Dist- Samastipur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindeswari Singh, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Patori (Mohanpur OP) PS Case No.474 of 2023 dated 20.07.2023, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation is of recovery of 113.60 litres country made liquor from the cowshed of Bhajan Rai, who is the husband of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that said cowshed is situated in an open place. The petitioner has no concern with the seized illicit liquor. Lastly, it is submitted that the petitioner is a lady having
Patna High Court CR. MISC. No.65522 of 2023(2) dt.07-11-2023 2/2 no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge No.2, Samastipur, in Patori (Mohanpur OP) PS Case No.474 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T