Patna High CourtCR. MISC./73590/2024bail granted

Kaushlaya Devi @ Koshila Devi v. The State Of Bihar

2024-10-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73590 of 2024 Arising Out of PS. Case No.-302 Year-2024 Thana- ATRI District- Gaya ====================================================== Kaushlaya Devi @ Koshila Devi W/o Mahendra Giri Resident of Jagatpur, Police Station- Atri, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Atri P.S. Case No. 302/2024 dated 22.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1B)(a) and 26 of the Arms Act.

3. As per the prosecution case, total 130 litres of illicit country-made liquor, one country-made katta and one motorcycle were recovered from the bush near the house of te petitioner.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.73590 of 2024(2) dt.08-10-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery is from an open place which is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Atri P.S. Case No. 302/2024 with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.73590 of 2024(2) dt.08-10-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T