Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35203 of 2018 ====================================================== Sunaina Devi, Wife of Bijnandan Rai, Resident of Near Polsan, P.S- Digha, Dist.- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rudra Deo For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 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 Section 279 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 25.200 liters of foreign liquor is said to have been recovered from the bag of the petitioner sitting in the auto and the petitioner 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. She has no concern either with the seized liquor or the bag in question. She happens to be a simple commuter and had no knowledge of keeping the said liquor in the vehicle. She happens to be a lady.

Patna High Court Cr.Misc. No.35203 of 2018 (2) dt.22-06-2018 - 2 - She has no criminal antecedent and has been languishing in custody since 22.04.2018.

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 Special Judge Excise, Patna in connection with Special Case No. 3825 of 2018 arising out of Rupaspur P.S. Case No. 158 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T