Patna High CourtCR. MISC./70401/2023bail granted

Kusum Devi v. The State Of Bihar

2023-11-01Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70401 of 2023 Arising Out of PS. Case No.-311 Year-2022 Thana- SISWAN District- Siwan ====================================================== Kusum Devi W/O Pravindra Patel Village- Ghurghar, Ps. Siswan, Dist. Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Siswan P.S. Case No. 311 of 2022 dated 09.12.2022, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Allegation is of recovery of 30 litres country made Mahua liquor from open place.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that nothing has been recovered either from conscious possession or from the house of the petitioner. From perusal of seizure list, it appears that the said liquor was recovered from village Ghurghar. Lastly, it has been

Patna High Court CR. MISC. No.70401 of 2023(2) dt.01-11-2023 2/2 submitted that petitioner has no criminal antecedents and she is aged about 38 years.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Siswan P.S. Case No. 311 of 2022, the petitioner shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Court No. II, Siwan, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T