Asha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72156 of 2023 Arising Out of PS. Case No.-516 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Asha Devi Wife Of Late Heera Prasad Resident Of North Dumri, P.S. - Patori (Mohanpur Op), Samastipur, Bihar - 848506 ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Kumar Pandey For the Opposite Party/s :
Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 195.84 liters of illegal foreign liquor from a room which was adjacent to the house of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. He submitted that the petitioner has no concern with the seized wine in question and the place of occurrence does not belongs to the petitioner. No incriminating article has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.72156 of 2023(2) dt.09-11-2023 2/2 petitioner. The provision of the Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 11.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as, being a lady as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-2, Samastipur in connection with Shahpur Patori P.S. Case No. 516 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T