Patna High CourtCR. MISC./70260/2023allowed

Ruby Devi v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70260 of 2023 Arising Out of PS. Case No.-354 Year-2022 Thana- DAUDPUR District- Saran ====================================================== RUBY DEVI Wife of Ghughal Nut Resident of Village - Jaitpur Nut Toli, Police Station - Daudpur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 140 litres of mahua liquor from possession of four accused persons including the petitioner and all were arrested on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Seizure list does not bear the signature of the petitioner. She has got no criminal antecedent. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial

Patna High Court CR. MISC. No.70260 of 2023(2) dt.06-11-2023 2/2 custody since 3.8.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that petitioner is a lady, 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/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-2nd, Exclusive Special Judge, Excise, Saran, Chapra or the concerned court in connection with Daudpur P.S. Case No. 354 of 2022.

(Sunil Kumar Panwar, J) sushma/- U