Bedamiya Devi v. The State of Bihar
Case at a glance
Provisions considered
Key paragraphs
- Para 66. From perusal of the FIR, seizure list and the impugned order of the learned Exclusive Excise Court No. 3, Gaya dated 29.05.2024, it appears that the seized articles have been recovered from the house of the petitioner the house is a joint family property…
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA Mr. Pramod Kumar Singh, Advocate Ms. Shaheen Begum, APP ORAL ORDER 2 22-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Kothi P.S. Case No. 32 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
As per the allegation in the FIR, total 60 liters of illicit liquor has been recovered from the house of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that nothing incriminating articles has been recovered from the conscious possession of the petitioner. He next submits that the Patna High Court CR. MISC. No.49661 of 2024(2) dt.22-07-2024 seized articles has been recovered from the house of the petitioner but the said house is a joint family property. Petitioner has got clean antecedent as stated in para 3 of the petition and she is in custody since 12.05.2024.
Learned APP opposes the prayer for bail.
From perusal of the FIR, seizure list and the impugned order of the learned Exclusive Excise Court No. 3, Gaya dated 29.05.2024, it appears that the seized articles have been recovered from the house of the petitioner the house is a joint family property, petitioner is a lady and there is no any independent witness of the seizure list, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court No. 3, Gaya in connection with Kothi P.S. Case No. 32 of 2024.
The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on Patna High Court CR. MISC. No.49661 of 2024(2) dt.22-07-2024 bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Anand Kr. U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.