Usha Chaudhary @ Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71657 of 2023 Arising Out of PS. Case No.-383 Year-2021 Thana- NAWADA District- Nawada ====================================================== USHA CHAUDHARY @ USHA DEVI Wife of Rajo Chaudhary @ Raju Chaudhary Resident of Village - Chaudhary Tola, Kharidi Bigha, Police Station - Nawada (Nagar), District - 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.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 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 section 33, 34, 36 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the informant purchased one pouch of liquor from one unknown person and after drinking the same, he became ill and went to hospital for treatment.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has falsely been implicated in this case. She is not named in the FIR. Her name was transpired in

Patna High Court CR. MISC. No.71657 of 2023(4) dt.30-01-2024 2/2 this case on the basis of confessional statement of co-accused Vidhan Yadav and Kaushal Yadav. Nothing incriminating has been recovered from conscious possession or house of the petitioner. The other co-accused persons have already been granted bail by this Bench vide order dated 05.12.2023 and 11.12.2023 passed in Cr. Misc. No. 77224 of 2023 and 79626 of 2023 respectively. Petitioner is languishing in judicial custody since 07.4.2022.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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. 383 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) lata/- U T