Dulari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85102 of 2023 Arising Out of PS. Case No.-447 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== DULARI DEVI W/o Raju Mahto R/o vill - Sugauli Gaon, ward no. 17, P.S. - Sugauli, Distt. - East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar For the Opposite Party/s :
Mr.Nityanand ====================================================== 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 instituted for the offence under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 12 liters of illegal country-made liquor from the bag of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the wine in question. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while
Patna High Court CR. MISC. No.85102 of 2023(2) dt.09-01-2024 2/2 preparing the seizure list. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 17.10.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 No. 1, East Champaran at Motihari in connection with Sugauli P.S. Case No. 447 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T