Patna High CourtCR. MISC./88067/2024bail granted

Mamta Kumari v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88067 of 2024 Arising Out of PS. Case No.-381 Year-2024 Thana- PUNPUN District- Patna ====================================================== Mamta Kumari W/O Sethi Manjhi Resident of Village-Alaudin Chak, Police station-Punpun, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== 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 Punpun P.S. Case No. 381 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 100 litres of liquor has been recovered from tempo.

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. Learned counsel further submitted that petitioner is the passenger and is neither the owner nor the driver of the vehicle. The petitioner has got no concern with the

Patna High Court CR. MISC. No.88067 of 2024(2) dt.07-01-2025 2/2 alleged recovery of liquor. The petitioner is in custody since 18.11.2024 and has no 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 Punpun P.S. Case No. 381 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T