Patna High CourtCR. MISC./75628/2024bail granted

Kanti Devi v. The State Of Bihar

2024-10-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75628 of 2024 Arising Out of PS. Case No.-542 Year-2024 Thana- GARKHA District- Saran ====================================================== Kanti Devi wife of Saturdha Chodhary @ Sotal @ Surendra Chodhary @ Sautal Chaudhary Resident of Village- Mithepur, P/S- Garkha, District- Saran (Chapra) Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Garkha P.S. case No. 542 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 52.5 liters liquor was recovered near the house of the petitioner and the petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to village politics and political rivalry. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.75628 of 2024(2) dt.22-10-2024 2/2 with the alleged recovery of liquor. The petitioner is a lady. The petitioner is in custody since 30.08.2024 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garkha P.S. case No. 542 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T