Bail application under Section 30(a) of the Bihar Prohibition and Excise Act following recovery of 18 litres of illicit country liquor from petitioner's house. Court granted bail considering period of custody.
Petitioner enlarged on bail on furnishing bail-bond of Rs.20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63400 of 2024
Arising Out of PS. Case No.-300 Year-2024 Thana- CHHATAUNI District- East Champaran
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Rekha Devi W/o Guddu Malik Resident of village -Mathiya Dhaka Road Chhatauni, P.S.- Chhatauni, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma, Adv. For the Opposite Party/s : Mr.Nityanand, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 04-09-2024
Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chhatauni P.S. Case No. 300 of 2024 dated 24.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 18 litres of illicit country made liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the
Patna High Court CR. MISC. No.63400 of 2024(2) dt.04-09-2024 2/2
petitioner has no concern with the alleged recovery. The petitioner is a lady and she has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari in connection with Chhatauni P.S. Case No. 300 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether the petitioner, in custody for recovery of illicit liquor under the Bihar Prohibition and Excise Act, should be granted regular bail.
1 provisions across 1 enactments
Rekha Devi
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
