Patna High CourtCR. MISC./2090/2018bail granted

Sunita Devi v. The State Of Bihar

2018-01-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2090 of 2018 Arising Out of PS.Case No. -548 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Sunita Devi W/o Umesh Sah @ Tiker, Resident of Chakiya Road, Barhariya Stand, P.S.-Siwan Mahadewa (O.P.), District-Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Siwan Mufassil (Mahadewa O.P.) P.S. Case No.548 of 2017 registered under Section 30 (a)/41 (1) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 39.96 liters of country made liquor is said to have been recovered from the house of the petitioner and petitioner & one another accused person, namely, Guard Choudhary were apprehended by the police. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner

Patna High Court Cr.Misc. No.2090 of 2018 (02) dt.23-01-2018 2/ 2 happens to be a 'Pardanasin' lady. Though one case is pending against the petitioner under the Excise Act but she has been enlarged on anticipatory bail in the said case. She has been falsely implicated in this case. She has no criminal antecedent. The petitioner has been languishing in custody since 22.11.2017. . In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II, Siwan in connection with Siwan Mufassil (Mahadewa O.P.) P.S. Case No.548 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T