Bhagrati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69308 of 2022 Arising Out of PS. Case No.-282 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== BHAGRATI DEVI W/O Teras Manjhi R/O Village- Gambhirpur Laukariya, P.S- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bairiya P.S. Case No. 282 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

The allegation is regarding recovery of 115.140 liters of illicit liquor from near the bank of the river in question.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case,

Patna High Court CR. MISC. No.69308 of 2022(2) dt.08-02-2023 2/3 she is having a clean antecedent and she is languishing in custody since 5.10.2022. The learned counsel for the petitioner has further submitted that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor the place from where the same has been recovered belongs to the petitioner, hence, the petitioner is not having any complicity in the alleged occurrence.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that neither the illicit liquor has been recovered from the possession of the petitioner nor the place from where the same has been recovered belongs to the petitioner, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.69308 of 2022(2) dt.08-02-2023 3/3 Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, West Champaran, Bettiah in connection with Bairiya P.S. Case No. 282 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T