Patna High CourtCR. MISC./78824/2024bail granted

Chinta Devi v. The State Of Bihar

2024-11-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78824 of 2024 Arising Out of PS. Case No.-260 Year-2024 Thana- PUNPUN District- Patna ====================================================== Chinta Devi Wife of Naresh Manjhi Resident of village - Allaudinchak, P.S.- Punpun, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Punpun P.S. case No. 260 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 140 liters liquor was recovered from tempo 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. 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. The

Patna High Court CR. MISC. No.78824 of 2024(2) dt.11-11-2024 2/2 petitioner is a lady. It is further submitted that the tempo in question does not belong to the petitioner. The petitioner was simply a passenger sitting on tempo. The petitioner is in custody since 20.08.2024 and has got no criminal antecedent. 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 Punpun P.S. case No. 260 of 2024.

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