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Patna High CourtCR. MISC./2446/2024allowed

Bachiya Devi v. The State Of Bihar

2024-01-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2446 of 2024 Arising Out of PS. Case No.-11 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Bachiya Devi W/O Dharni Sahani R/O Village- Mehwa, P.S- Sugauli, Distt.- 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.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 30 litres of illicit country made liquor.

It is submitted by learned counsel for the petitioner that petitioner is innocent and she has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered

Patna High Court CR. MISC. No.2446 of 2024(2) dt.30-01-2024 2/2 from the conscious possession of the petitioner. The petitioner has no concern with the illicit liquor. The petitioner is languishing in custody since 02.10.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Motihari, East Champaran in connection with Sugauli P.S. Case No. 11 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T