Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71552 of 2024 Arising Out of PS. Case No.-967 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Lalita Devi W/O Rajendra Saw Resident of Village - Taregna Tola, Amhara, P.S.- Bihta, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Beauty Verma, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Excise Case No. 2760 of 2024 arising out of Excise Danapur 967 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 44.50 litres of illicit liquor was recovered from bag of the petitioner and brinjal field.

4. Learned counsel for the petitioner submitted that the petitioner is a lady and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further

Patna High Court CR. MISC. No.71552 of 2024(2) dt.05-10-2024 2/2 submitted that petitioner has no concern with the bag from which the alleged recovery of liquor has been made. Learned counsel further submitted that 42 litres of liquor has been recovered from the open place which is accessible to local people. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 10.08.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Excise Case No. 2760 of 2024 arising out of Excise Danapur 967 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T