Patna High CourtCR. MISC./2109/2019bail granted

Kamli Devi v. The State Of Bihar

2019-01-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2109 of 2019 Arising Out of PS. Case No.-1038 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== Kamli Devi, Wife of Late Pradeep Mahto, Resident of Village- Balughat, Macchahatta, P.S.- L.N.M.U. Darbhanga, Distt.- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 23.11.2018 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is to the effect that from the possession of the petitioner, 97.875 liters of Nepali liquor was recovered.

It is submitted by learned counsel for the petitioner that the petitioner is a lady and the recovery has been made from the joint family house. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court Cr.Misc. No.2109 of 2019(2) dt.16-01-2019 2/2 Learned APP submits that the recovery has been made from the petitioner.

Considering the quantity of recovery and the period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 11nd Addl. District and Session Judge-cum-Special Judge, Excise Act, Darbhanga in connection with G.O. Case No. 1038 of 2018, P.R. No. 29 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T