Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13336 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- PATAHI District- East Champaran ====================================================== Kiran Devi, wife of Bijay Singh @ Vijay singh Resident of Village - Bara Shankar, P.s.- Patahi, Distt.- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 15.01.2019 in connection with Patahi P.S. Case No.10 of 2019 registered for the offences punishable under Sections 188, 272, 273, 290, 34 of the Indian Penal Code and Sections 30(a), 38, 41 of the Bihar Prohibition and Excise Act.

Prosecution case as per the written report of Narendra Kumar, S.H.O. Patahi P.S. on 14.01.2019 submitted to 4th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran is to the effect that on 14.01.2019 at 1.30 P.M., an information was received that Gulu Singh has got illegal liquor and selling it the same with the help of his mother. Consequently, raid was laid and 1065 litres of Nepali country

Patna High Court CR. MISC. No.13336 of 2019(2) dt.07-03-2019 2/2 made liquor were recovered. The petitioner tried to escape from the scene but she was apprehended while his son, coaccused, Gulu Singh, managed to escape. It is submitted by learned counsel for the petitioner that the recovery has been made from the open area. It is further submitted that the name of the petitioner being sprang up only since she happens to be the mother of main co-accused, Golu Singh. Statement has been made in paragraph no.3 of the bail application that the petitioner is not having any criminal antecedent.

Considering the recovery has been made from the orchard and the fact that petitioner is lady, let the above named petitioner 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 learned 7th Additional Sessions Judgecum-Special Judge, Excise at Motihari, East Champaran in connection with Patahi P.S. Case No.10 of 2019. (Dinesh Kumar Singh, J) sanjeev/- U T