Patna High CourtCR. MISC./72563/2024bail granted

Shyama Devi v. The State Of Bihar

2024-11-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72563 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- SIMRAHA District- Araria ====================================================== Shyama Devi W/O Late Gopal Mandal Resident Of Village- Simraha Madarganj, Ward No 13, Ps Simraha, District Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Simraha P.S. Case No. 107 of 2024 instituted for the offences under Sections 21(c) of N.D.P.S Act and 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 7.625 litres liquor in which 5.625 litres indian made foreign liquor, 2 litre local liquor, 2.6 litres was codeine cough syrup was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.72563 of 2024(3) dt.19-11-2024 2/2 no concern with the alleged recovery of liquor. The petitioner is a lady. The recovery is made from the joint house of the petitioner where other family members reside. The petitioner is in custody since 29.08.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. 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 of the petitioner 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Simraha P.S. Case No. 107 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T