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Patna High CourtCR. MISC./65132/2023allowed

Solo Devi @ Soli Devi v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65132 of 2023 Arising Out of PS. Case No.-316 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== SOLO DEVI @ SOLI DEVI WIFE OF NEHRU CHOUDHARY RESIDENT OF VILLAGE - JOLAHPURA, P.S. - NOORSARAI, DISTRICT - NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offences punishable under Section 30(a) (i) of the Bihar Prohibition and Excise Amendment Act, 2018 and Section 272/273 of the Indian Penal Code.

3. As per allegation in the F.I.R., it is the case of total recovery of 15 liters of 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 by her enemies. It is next submitted that no incriminating article has been recovered from the conscious possession of the petitioner and there are no independent witnesses. Hence, Section 100

Patna High Court CR. MISC. No.65132 of 2023(2) dt.12-10-2023 2/2 Cr.P.C. has not been complied with. Petitioner is in judicial custody since 15.07.2023.

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, 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/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned 4th Additional District & Sessions Judge and Excise 2nd Nalanda, in connection with Noorsarai P.S. Case No. 316 of 2023. (Sunil Kumar Panwar, J) Adnan/- U T