Sushila Devi v. The State of Bihar

Patna HC27 Jan 2025CR. MISC./2630/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.2630 of 2025, order dated 27-01-2025 by Justice Rudra Prakash Mishra: bail granted to Sushila Devi in Rangra PS Case No. 121 of 2024 under Section 30(a) of the Bihar Prohibition and Excise Act; alleged recovery of 72.5 litres of liquor (42 litres from motorcycle, 32.5 litres from cowshed near her house); petitioner in custody since 27.11.2024 with no criminal antecedent; non-compliance of Section 103 B.N.S.S. alleged; bail bond of Rs. 10,000 with two sureties; State (APP Murli Dhar) opposed; petitioner's counsel Baijnath Sah.

What did the court decide?

Bail granted; petitioner to be released on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below in connection with Rangra PS Case No. 121 of 2024. ¶¶20

Sushila Devi 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.2630 of 2025

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Arising Out of PS. Case No.-121 Year-2024 Thana- Rangara District- Bhagalpur

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

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Sushila Devi Wife of Prasadi Mandal Resident of Village - Rangra, Police Station - Rangra, District - Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Baijnath Sah, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 27-01-2025

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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 Rangra PS Case No. 121 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 72.5 litres in which 42 litres was recovered from motorcycle and 32.5 litres was recovered from cowshed near the house of the petitioner.

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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. It is submitted

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Patna High Court CR. MISC. No.2630 of 2025(2) dt.27-01-2025 2/2

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that motorcycle in question does not belong to the petitioner. It is further submitted that apprehended co-accused person disclosed the name of the petitioner. The petitioner is in custody since 27.11.2024 and has got no criminal antecedent. 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, clean antecedent of the petitioner 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 Rangra PS Case No. 121 of 2024.

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(Rudra Prakash Mishra, J)

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Raj Ranjan/- U T

Sushila Devi v. The State of Bihar

Case brief

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Sushila Devi v. The State of Bihar

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