Sulekha Devi @ Sulekha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79329 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- PALANWA District- East Champaran ====================================================== Sulekha Devi @ Sulekha Kumari W/O Awadhesh Rai R/O VillageChhawani, Ward No.1, P.S.- Manwapul, District- West Champaran, At Present R/V.- Anandiganj, P.S.- Palanwa, District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 6 litres of country made liquor from the house of petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the

Patna High Court CR. MISC. No.79329 of 2023(2) dt.11-12-2023 2/3 alleged recovery or with the place of occurrence. The place where illicit liquor has been recovered is Maiyka (Paternal house) of the petitioner. Nothing incriminating has been recovered from her conscious possession. There is no independent witness of the alleged seizure. Moreover, she is languishing in judicial custody since 06.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as considering the fact that petitioner is lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, East Champaran, Motihari in connection

Patna High Court CR. MISC. No.79329 of 2023(2) dt.11-12-2023 3/3 with Palanwa P.S. Case No. 181 of 2023.

(Sunil Kumar Panwar, J) Nirajkrs/- U T