Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79242 of 2019 Arising Out of PS. Case No.-312 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== Shila Devi W/o Late Punna Singh Resident of Village- Ward No.10, Koch Basti, P.S.- Bahadurganj, District- Kishanganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Diwakar Sinha, Advocate For the Opposite Party :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Spl Case No. 388 of 2019 arising out of Bahadurganj P.S. Case No.312 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submitted that alleged recovery of about 40 litres of illicit liquor was not from the conscious possession of the petitioner. It was recovered from the place which was in joint possession of several members of the family. The petitioner is a lady and having no criminal antecedent and having roots in the society, she is not likely to abscond or tamper with the evidence.

Patna High Court CR. MISC. No.79242 of 2019(2) dt.11-12-2019 2/2 Learned counsel for the State has opposed the prayer for grant of bail to the petitioner.

Considering the facts and circumstances of the case, the petitioner, who is in custody since 31.10.2019, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Kishanganj in connection with Spl Case No. 388 of 2019 arising out of Bahadurganj P.S. Case No.312 of 2019. (Ashwani Kumar Singh, J.) kanchan/- U T