Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64470 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== 1.

Sunita Devi, (F), aged about 30 years, W/O Bijali Kora, 2.

Bhikhni Devi, (F), aged about 34 years, W/O Makeshwar Kora, 3.

Pramila Devi, (F), aged about 28 years, W/O Kailu Kora, 4.

Lali Devi, (F), aged about 32 years, W/O Vinod Kora, All resident of village- Kachhua, P.S.- Chanan, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Chanan PS Case No.92 of 2023 dated 22.07.2023, instituted under Sections 30(a) (b) (c) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 80 litres countrymade Mahua liquor and 5000 litres Jawa Mahua, which was destroyed, from the forest area.

4. Learned counsel for the petitioners submits that they are innocent and have been falsely implicated in this case. It is submitted that nothing has been recovered from conscious

Patna High Court CR. MISC. No.64470 of 2023(2) dt.18-10-2023 2/2 or physical possession of the petitioners, rather, recovery has been made from the forest area. Only on the basis of suspicion, the petitioners have been made accused in this case. Learned counsel further submits that the petitioners are ladies having 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 petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-IV cum Exclusive Special Excise Court-1, Lakhisarai, in Chanan PS Case No.92 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