Patna High CourtCR. MISC./63104/2023bail granted

Lachho Devi v. The State Of Bihar

2023-10-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63104 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- DELHA District- Gaya ====================================================== Lachho Devi, Female, aged about 55 years, Wife Of Sukar Paswan, Resident Of Village- Mondraj Bigha, P.S.- Delha, Dist- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Kumari Smita Soni, Advocate For the Opposite Party :

Mr. Surendra Prasad Singh, 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 Delha P.S. Case No. 189/2023 dated 07.07.2023 registered for the offences punishable under Sections 8 (C), 21(a), 25, 29 of the N.D.P.S. Act and Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, 100 ML of illicit liquor was recovered from the house of the petitioner and 22.23 gm.,

Patna High Court CR. MISC. No.63104 of 2023(2) dt.06-10-2023 2/3 Heroine/smack like substance kept in 25 Puriyas was recovered from the possession of the co-accused Krishna Prasad.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has four criminal antecedent, as stated in paragraph no. 3 of the bail petition. It is further submitted that nothing has been recovered from conscious possession of the petitioner rather the alleged recovery was made from the possession of the co-accused who is the brother of the petitioner. The land and property dispute is going on between the petitioner and the co-accused, hence, the co-accused kept the wine bottle on the table in the house of the petitioner to implicate the petitioner. The petitioner is a lady and she is in custody in this case since 08.07.2023.

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 Delha P.S. Case No. 189 of 2023.

Patna High Court CR. MISC. No.63104 of 2023(2) dt.06-10-2023 3/3

7. The application stands allowed.

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