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2025 DAILYLAW 20307 (PAT)

Kurusa Devi v. The State of Bihar

CR. MISC./10433/2025 · 2025-02-24

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10433 of 2025 Arising Out of PS. Case No.-521 Year-2024 Thana- Excise P.S. District- Sheikhpura ====================================================== Kurusa Devi S/o- Late Mahesh Choudhary Resident of vill-Afradih ward no. 13, PS- Mahuli Dist- Sheikhpura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Anupam, Advocate For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Sheikhpur Excise P.S. Case No. 521 of 2024 instituted for the offences punishable under Section 30(a), 30(c) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 6 litres of chulai liquor, Aluminium pot, gas cylinder, etc. have been recovered beside the alang. 4. Learned counsel for the petitioner submitted that the petitioner is innocent lady and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery Patna High Court CR. MISC. No.10433 of 2025(2) dt.24-02-2025 2/3 has been made from an open place which is accessible to local people. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 16.12.2024 and has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. 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. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheikhpur Excise P.S. Case No. 521 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) If the petitioner tampers with the evidence or the Patna High Court CR. MISC. No.10433 of 2025(2) dt.24-02-2025 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. Alok Verma/- (Rudra Prakash Mishra, J) U T