Usha Chaudhary @ Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72201 of 2023 Arising Out of PS. Case No.-377 Year-2021 Thana- NAWADA District- Nawada ====================================================== Usha Chaudhary @ Usha Devi Wife Of Rajo Chaudhary @ Raju Chaudhary Resident Of Village- Chaudhary Tola, Kharidi Bigha, Ps- Nawada (NAGAR), Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 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 sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.
3. As per allegation, informant's husband died due to consumption of spurious liquor.
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. The petitioner is not named in FIR rather her name came into light in this case on the basis of confessional statement of other co-accused person before the police. Nothing has been recovered from the conscious
Patna High Court CR. MISC. No.72201 of 2023(2) dt.08-11-2023 2/2 possession of the petitioner. She has no concern with the alleged occurrence. Similarly situated other co-accused persons have already been granted bail by this Court vide Annexure-2 series of this petition. Moreover, the petitioner is languishing in judicial custody since 07.04.2023.
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 and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada (Nagar) P.S. Case No. 377 of 2021 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 Excise Judge-1st, Nawada.
(Sunil Kumar Panwar, J) Shubham/- U T