Manju Kuer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5696 of 2017 Arising Out of PS.Case No. -93 Year- 2016 Thana -JANTA BAZAR District- SARAN ====================================================== Manju Kuer Wife of Shri Bhagwan Chaudhary, Resident of VillageSobhipur, P.S. Janta Bajar, District-Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 29.11.2016 in connection with Janata Bajar P.S. Case No. 93 of 2016 registered for the offence punishable under Section 47 of the Bihar Excise Act.
The prosecution case, as lodged by the police personnel, is that during patrolling they recovered seven litres of Mahua wine from the house of the petitioner. Accordingly, a seizure list was prepared.
It has been submitted by the learned counsel for the petitioner that she is innocent and has been falsely implicated in the aforesaid case. It has further been submitted that she has no
Patna High Court Cr.Misc. No.5696 of 2017 (2) dt.22-02-2017 2/2 criminal antecedent, nothing has been recovered from her conscious possession and that although the recovery was made from the house of the petitioner, but her signature was not obtained on the seizure list.
However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran in connection with Janata Bajar P.S.Case No.93 of 2016.
(Nilu Agrawal, J.) Arjun/- U T