Patna High CourtCR. MISC./70027/2023allowed

Marachho Devi @ Mus. Marachho Devi v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70027 of 2023 Arising Out of PS. Case No.-321 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== MARACHHO DEVI @ MUS. MARACHHO DEVI Wife of Late Rameshwar Mahto R/o Machargawa, P.S. - Yogapatti, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 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. According to the prosecution, the petitioner is alleged to have been apprehended on spot and 20 liters of illicit liquor was recovered from her house.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. It is further

Patna High Court CR. MISC. No.70027 of 2023(2) dt.02-11-2023 2/2 submitted that the petitioner is languishing in judicial custody since 18.7.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Yogapatti P.S. Case No. 321 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, Excise-II, Bettiah, West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T