Allowed¶21

Samsuniya Khatoon v. The State of Bihar

Patna HC23 Jan 2025CR. MISC./1140/2025

Case brief

AI extract

What is this about?

Patna High Court bail order dated 23-01-2025; Crl. Misc. No.1140 of 2025; petitioner Samsuniya Khatoon; Chiraiya PS Case No. 391 of 2024, East Champaran; offence under Section 30(a) Bihar Prohibition and Excise Act; alleged recovery of 2.7 litres Nepali liquor from plastic sack; custody since 07.10.2024; two criminal antecedents; contention of non-compliance of Section 103 B.N.S.S.; bail granted on Rs.10,000 bond with two sureties; Justice Rudra Prakash Mishra.

What did the court decide?

Bail granted: petitioner to be released on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Chiraiya PS Case No. 391 of 2024. ¶21

Samsuniya Khatoon Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1140 of 2025

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Arising Out of PS. Case No.-391 Year-2024 Thana- CHIRAIYA District- East Champaran

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

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Samsuniya Khatoon W/O Late Shekh Mukhtar R/O Village- Harbolawa, P.SChiraiya, Distt.- East Champaran.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 23-01-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Chiraiya PS Case No. 391 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that total 2.7 litres

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of Nepali liquor was recovered from Plastic Sack.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner is lady. It is submitted that recovery is from an open place, which

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is accessible to one and all. It is further submitted that recovered

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Patna High Court CR. MISC. No.1140 of 2025(2) dt.23-01-2025 2/2

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plastic sack does not belong to the petitioner. The petitioner is in custody since 07.10.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S.

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

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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.

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Let the petitioner 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 Chiraiya PS Case No. 391 of 2024.

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(Rudra Prakash Mishra, J)

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Raj Ranjan/- U T

Samsuniya Khatoon v. The State of Bihar

Case brief

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Samsuniya Khatoon v. The State of Bihar

Case brief

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