Anju Devi @ Ajju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76295 of 2024 Arising Out of PS. Case No.-288 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Anju Devi @ Ajju Devi Wife of Mohan Ram @ Sanjay Ram Resident of Village- Yarpur Band Railway Gumti, PS- Gardanibagh, District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Gardanibagh PS Case No. 288 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 57 liters English wine was recovered from an abandoned house. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.76295 of 2024(2) dt.24-10-2024 2/2 that recovery is made from an open place, which is accessible to one and all. The petitioner is in custody since 19-09-2024 and has got ten criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

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 Gardanibagh PS Case No. 288 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T