Santoshi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83956 of 2024 Arising Out of PS. Case No.-376 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== Santoshi Devi W/O Umesh Choudhary Resident of village - Keshav Market, (Bhuyan Tola), P.S.- Barun District-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise Case No. 1002 of 2024 arising out of Excise PS FIR No. 376 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 total 135 litres of country made liquor in which 54 litres was recovered in this case.

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. Petitioner is

Patna High Court CR. MISC. No.83956 of 2024(2) dt.10-12-2024 2/2 lady. It is submitted that recovery is made from an open place, which is accessible to one and all. The petitioner is in custody since 13.11.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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, clean antecedent of the petitioner 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Case No. 1002 of 2024 arising out of Excise PS FIR No. 376 of 2024. (Rudra Prakash Mishra, J) Raj Ranjan/- U T