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Patna High CourtCR. MISC./10681/2017bail granted

Renu Devi v. The State Of Bihar

2017-03-29Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10681 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictARRARIA ====================================================== Renu Devi, wife of Yogendra Rai, Resident of village - Ward No. 03, Sultan Pokhar, Forbesganj, P.S. - Forbesganj, Dist - Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 20.01.2017 in connection with CC No. 38 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the excise officials, is that during raid they confiscated 14.300 litres of Beer under the staircase of the petitioner's house, whereas her son managed to escape.

It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history and nothing has been recovered from her conscious possession and it

Patna High Court Cr.Misc. No.10681 of 2017 (2) dt.29-03-2017 2/2 is only on the coercion of the police that the self confession was made. It is further submitted that she is an aged lady of 55 years and was not aware of the said Beer being hidden. However, learned A.P.P. for the State 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, Araria in connection with C.C. No. 38 of 2017.

(Nilu Agrawal, J) Rajesh/- U T