Patna High CourtCR. MISC./65248/2023allowed

Fuliya 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.65248 of 2023 Arising Out of PS. Case No.-407 Year-2023 Thana- BIRAUL District- Darbhanga ====================================================== Fuliya Devi W/O Phoolo Mukhiya @ Phulo Mukhiya Village- Sonbehat, PsBiraul, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Sharan Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== 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 regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 8.100 liters of Nepali liquor from the hut of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. It is further submitted that from where the recovery has been made is easily accessible to public and that hut was without door. Nothing has been recovered from the conscious possession of the petitioner and also she has no concern with the alleged recovery. A statement

Patna High Court CR. MISC. No.65248 of 2023(2) dt.12-10-2023 2/2 has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 21.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts that the petitioner being a lady and her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Biraul P.S. Case No. 407 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga. (Sunil Kumar Panwar, J) shubham/- U T