Patna High CourtCR. MISC./84925/2023allowed

Asha Devi v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84925 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== ASHA DEVI WIFE OF GOSAI MAHTO RESIDENT OF VILLAGEBAJITPUR (VAJITPUR), P.S. MANIGACHHI, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 353, 504, 506/34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 62.40 liters of illicit country made and foreign liquor from house of petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She is wife of co-accused Gosai Mahto due to which she has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor. No any

Patna High Court CR. MISC. No.84925 of 2023(2) dt.09-01-2024 2/2 incriminating article has been recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 23.10.2023.

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

6. Considering the facts and circumstances of the case as well as the petitioner, being 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 Manigachhi (Bajitpur OP) P.S. Case No. 229 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise Act), Darbhanga.

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