← Library
Patna High CourtCR. MISC./33574/2018allowed

Geeta Devi v. The State Of Bihar

2018-06-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33574 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Geeta Devi, W/o Ram Prakash Sah, Resident of Village Dudhpura East to Shiv Mandir, P.S. Muffasil, District Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Excise Case No. 147 of 2018 for offenses punishable under sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and in custody since 14.05.2018.

Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner. The seizure list was not prepared in accordance with law. He further submits that alleged recovery was from the toilet of the petitioner, which is not sufficient to indicate that the

Patna High Court Cr.Misc. No.33574 of 2018(2) dt.05-06-2018 2/2 petitioner is involved in the illegal trade of liquor. Considering the aforesaid, let the petitioner, named above, 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 Additional Sessions Judge 6th cum Special Judge, Excise Act, Samastipur, in connection with Excise Case No. 147 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T