Allowed

Nunu Devi v. the State of Bihar

Patna HC11 Mar 2022CR. MISC./49894/2021

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to Nunu Devi, a female petitioner in custody for five months, involved in an offence under S. 414 IPC regarding illicit liquor possession. Recognizing no criminal antecedent and pending charge sheet, the court ordered her release on bond with sureties.

What did the court decide?

Petitioner released on bail by furnishing bonds of Rs. 20,000 with two sureties of like amount to the Sessions Judge, Sitamarhi.

Nunu Devi Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49894 of 2021

¶2

Arising Out of PS. Case No.-230 Year-2021 Thana- PUPRI District- Sitamarhi

¶3

======================================================

¶4

NUNU DEVI W/O MUNESH PASWAN R/o village- Hariharpur, P.S.- Pupri, District- Sitamarhi

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Hans Lal Kumar For the Opposite Party/s : Mr.Amit Kumar Rakesh ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶11

2 11-03-2022

¶12

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶13

The petitioner seeks regular bail in connection with Pupri Police Station Case No. 230 of 2021, registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

¶14

The prosecution case, as per the First Information Report, is that the police, on the basis of secret information, arrived at the place of occurrence and upon seeing the police party, 4 persons succeeded in fleeing away from the place of occurrence and the police recovered 61.5 litres of illicit liquor kept in two bags on the motorcycle kept in the courtyard of the house of the petitioner.

¶15

Learned Counsel for the petitioner submits that the

¶16

Patna High Court CR. MISC. No.49894 of 2021(2) dt.11-03-2022 2/3

¶17

petitioner, being a lady, has not committed any offence in the manner alleged and she has falsely been implicated in this case on the basis of recovery of illicit liquor from the courtyard of her house. He further submits that the house is a joint property, in which other members of the family also reside and she is not the owner of the motorcycle, from where illicit liquor has been recovered. He further submits that the petitioner is in custody since 05.07.2021, having no criminal antecedent and charge sheet has been submitted against her and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

¶18

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner, being a lady, has got no criminal antecedent, charge sheet has already been submitted, the petitioner is in custody since 05.07.2021 and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

¶19

This application is, accordingly, allowed.

¶20

Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each

¶21

Patna High Court CR. MISC. No.49894 of 2021(2) dt.11-03-2022 3/3

¶22

with two sureties of the like amount each to the satisfaction of learned 2^nd Additional Sessions Judge -cum- Special Judge, Excise, Sitamarhi, in connection with Pupri Police Station Case No. 230 of 2021.

¶23

(Anil Kumar Sinha, J.)

¶24

Prabhakar Anand/-

¶25

U √ T √

Nunu Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Nunu Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suresh Mahto @ Suresh Kumar, Vs The State of Bihar

Nawal @ Nawal Sahni Vs The State of Bihar

Amresh Thakur @ Dhakkan Thakur Vs the State of Bihar

Piyush Yadav @ Abhay Kumar Vs The State of Bihar

Manoj Mishra Vs the State of Bihar

Paras Rajbanshi Vs The State of Bihar