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Patna High CourtCR. MISC./86699/2023allowed

Gita Devi v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86699 of 2023 Arising Out of PS. Case No.-512 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Gita Devi Wife Of Late Lakhan Sah Resident Of Village - Bangali Colony Gali No.4, P.S. - Chhatauni, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 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 Section 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 25.110 liters of illegal foreign from the house of the petitioner

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. He submitted that the petitioner has no concern with the wine in question and the said house is a joint family property, as such it cannot be alleged with certainty that it was the the petitioner. She is languishing in judicial custody since 04.11.2023.

Patna High Court CR. MISC. No.86699 of 2023(2) dt.12-01-2024 2/2

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, being a lady 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 Court No.1, East Champaran, Motihari in connection with Chhatauni P.S. Case No. 512 of 2023.

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