Uma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.939 of 2024 Arising Out of PS. Case No.-801 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Uma Devi W/o Jata Sah R/o village- Nawada Rajokhar, PS- Nagar Gopalganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 30(c), 33 and 41(i) of the Bihar Prohibition and Excise Amendment Act.

3. As per prosecution case, total 200 liters raw spirit in a drum and some articles i.e. iron machine etc. which are used for making of pouch have been recovered from the house of the petitioner. Petitioner along with other co-accused persons was apprehended.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has falsely been implicated in this case merely on suspicion. She has no concern with the alleged recovery and

Patna High Court CR. MISC. No.939 of 2024(2) dt.16-01-2024 2/2 recovery was made from the house of co-accused Guddu Sah. Nothing incriminating article has been recovered from her conscious possession. She has been made accused in this case only because she is mother of the co-accused Guddu Sah and she resides in the jointly occupied house of the co-accused Guddu Sah. She has got no criminal antecedent. Petitioner is an old lady and languishing in judicial custody since 09.10.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional Sessions Judge-II-cum-Special Judge, Excise Court No.I, Gopalganj in connection with Gopalganj Town P.S. Case No. 801 of 2023.

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