Shradha Devi@Sharda Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25564 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -BARGANIA District- SITAMARHI ======================================================
1. Shradha Devi @ Sharda Devi, W/o Raju Ram, resident of VillageAshogi, Ward No. 3, Harijan Tola, P.S. Bairgania, District Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 272 & 273 of the Indian Penal Code, Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 and Section 25 (1-b)A, 26 & 35 of the Arms Act. 78.675 liters of foreign liquor, 6 live cartridges and 20 pieces of Pataka bomb are said to have been recovered from the joint house of Naresh Ram and Raju Ram and the petitioner, who happens to be the wife of Raju Ram, was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no
Patna High Court Cr.Misc. No.25564 of 2018 (02) dt.02-05-2018 concern with the seized article. The house in question is the joint family house of Raju Ram and Naresh Ram and is inhabited by several family members. Petitioner had no knowledge of keeping the said article in the house. Petitioner has been falsely implicated in this due to dirty village politics. She happens to be lady. It is also submitted that there is no use of cartridge without arms. Petitioner has no criminal antecedent and has been languishing in custody since 23.02.2018.
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-cumSpecial Judge Excise Act, Sitamarhi in connection with Bairgania P.S. Case No.28 of 2018.
(Prakash Chandra Jaiswal, J.) Trivedi/- U T