Patna High CourtCR. MISC./6923/2018bail granted

Usha Devi v. The State Of Bihar

2018-02-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6923 of 2018 Arising Out of PS. Case No.-548 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Usha Devi, W/o Bajrangi Barnval, R/o Village-Dom Toli, Barhariya Stand Siwan, P.S.-Siwan, Mufassil (Mahadeva O.P.), District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav For the Opposite Party/s :

Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Siwan Mufasil (Mahadeva) P.S. Case no. 548 of 2017 registered under Sections 30(a), and 41(1) of Bihar Prohibition & Excise Act-2016. 3.960 of country made liquor is said to have been recovered from the house of Umesh Sah and three accused persons managed to escape while Sunita Devi and Guard Chaudhary were arrested. They divulged the name of the petitioner in the occurrence.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from her conscious physical possession. The petitioner was not apprehended on the

Patna High Court Cr.Misc. No.6923 of 2018(2) dt.12-02-2018 2/2 spot. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of Sunita Devi and Guard Chaudhary which has no evidentiary value in the eye of law. Though one more case under Excise Act has been lodged against her but she is on anticipatory bail in the said case. Petitioner happens to be lady. She has been languishing in custody since 22.11.2017. Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge, Siwan in connection with Siwan Mufasil (Mahadeva) P.S. Case no. 548 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T