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Patna High CourtCR. MISC./472/2023allowed

Sumitra Devi v. The State Of Bihar

2023-03-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.472 of 2023 Arising Out of PS. Case No.-806 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Sumitra Devi Wife Of Ramjee Patel R/O Village- Karamwa, Ward No.05, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), 41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 63.225 liters illicit foreign liquor as well as country made liquor from hut of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has falsely been implicated in this present case due to dirty village politics. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the

Patna High Court CR. MISC. No.472 of 2023(2) dt.27-03-2023 2/2 place of occurrence. The petitioner is a lady and nothing incriminating article has been recovered from her conscious possession. The petitioner is languishing in judicial custody since 2.11.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstance of the case as well as this petitioner is a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manjhauliya P.S. Case No. 806 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Bettiah, West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T