Madhu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10057 of 2019 Arising Out of PS. Case No.-02 Year-2019 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== MADHU DEVI, Wife of Sri Pankaj Sah, Resident of Mani Baba ka Akhara, P.S.-Bihar Shariff, Dist.-Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 08.01.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the possession of the petitioner, 21 litres of India made Foreign Liquor were recovered, while she was getting down on the railway platform. It is submitted by learned counsel from the petitioner that the petitioner is a lady and she in custody for more than one month. A statement has been made in paragraph no.3 of the
Patna High Court Cr.Misc. No.10057 of 2019(2) dt.20-02-2019 2/2 petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the recovery has been made from the petitioner.
Considering the quantity of recovery, petitioner being a lady, 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 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge, Excise Act, Patna, in connection with Special Case No. 308 of 2019 arising out of Bakhtiyarpur Rail P.S. Case No.02 of 2019.
(Dinesh Kumar Singh, J) Deepak/- U T