Chanchal Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62973 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- RAJPUR District- Rohtas ====================================================== Chanchal Devi W/O Amresh Bhuiyan @ Amaresh Ram Bhuiya @ Amaresh Ram Resident of Village- Baligaon Bhuiya Toli, P.S.- Rajpur, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Tripathy, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rajpur P.S. Case No. 89 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 19.07.2022.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.62973 of 2022(2) dt.02-12-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there was recovery of 10 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that as per seizure list, recovery of alleged illicit liquor was made from near Bamboo Clumps, which is an open place and accessible by general public and, as such, it can be safely gathered that alleged recovery was not made from the conscious physical possession of this petitioner. While concluding the argument, it is submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence. Learned APP, opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as petitioner is a lady, where she is in custody since 19.07.2022 coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rajpur P.S. Case No. 89 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2cum-Addl. District and Sessions Judge, Rohtas at Sasaram/concerned Court, subject to the conditions as

Patna High Court CR. MISC. No.62973 of 2022(2) dt.02-12-2022 3/3 mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T