Patna High CourtCR. MISC./88071/2024bail granted

Rinku Devi v. The State Of Bihar

2025-01-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88071 of 2024 Arising Out of PS. Case No.-376 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== Rinku Devi W/O Santosh Choudhary Resident of village- Mohanganj 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 :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise FIR No. 376 of 2024 arising out of Excise Case No. 1002 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 135 litres of liquor has been recovered out of which 81 litres has been recovered from the bag of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made

Patna High Court CR. MISC. No.88071 of 2024(2) dt.07-01-2025 2/2 from the bag. The petitioner has neither concern with the liquor nor with the bag. The petitioner is in custody since 13.11.2024 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP 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 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise FIR No. 376 of 2024 arising out of Excise Case No. 1002 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T