Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84352 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== SHAKUNTALA DEVI Wife of Naresh Chaudhary R/o vill - Kamta Nagar, P.S. - Ramgarh Chowk, Distt. - Lakhisarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Sanjay Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 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 section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of four litres of mahua liquor which was kept under the stair case of the house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is a lady. The alleged recovery has been made from the joint house of the petitioner and the place of occurrence from where alleged recovery has been made is an open area, easily accessible to people. Provision of Section 100

Patna High Court CR. MISC. No.84352 of 2023(2) dt.03-01-2024 2/2 CR.P.C. has not been followed by the police officials while preparing the seizure list. She has got no criminal antecedent and languishing in judicial custody since 24.11.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that petitioner is a 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 Additional District and Sessions Judge-V-cum-Exclusive Special Court No. 2, Excise Act, Lakhisarai in connection with Halsi (Ramgarh Chowk) PS Case No. 194 of 2023.

(Sunil Kumar Panwar, J) sushma/- U