Reena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89682 of 2024 Arising Out of PS. Case No.-198 Year-2024 Thana- EXCISE MAHARAJGANJ DistrictSiwan ====================================================== 1.

Reena Devi Son of Arbind Choudhari @ Aravind Chaudhari Resident of Viilage - Baswariya Tola, P.S. - Daraunda, District - Siwan 2.

Satyendra Chaudhari @ Satyendra Chauhan Son of Late Ramji Choudhari Resident of Viilage - Baswariya Tola, P.S. - Daraunda, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Maharajganj Excise PS Case No. 198 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 120 litres of country made liquor was recovered from behind the house of the petitioners.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.89682 of 2024(2) dt.22-01-2025 2/2 have got no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. The petitioners are in custody since 03.11.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Charge-sheet has been submitted in this case.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maharajganj Excise PS Case No. 198 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T