Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34095 of 2018 Arising Out of PS.Case No. -184 Year- 2018 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Anita Devi, Wife of Bhushan Yadav, Resident of Village- Kawariya, P.S.- Sadar, District- Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Malay Kumar Choudhary, Adv.

For the Opposite Party : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 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 Sections 30 (a), 32 (ii), 38 (2) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, Bhushan Yadav, his sons and cousin are said to be indulged in the illegal trade of liquor and 450 liters of foreign liquor is said to have been recovered from his house but the aforesaid accused persons managed to escape seeing the police party while wife of Bhushan Yadav present in the house was apprehended.

It is submitted by learned counsel for the petitioners that no

Patna High Court Cr.Misc. No.34095 of 2018 (02) dt.20-06-2018 - 2 - incriminating article has been recovered from the conscious physical possession of the petitioner. She has no concern either with the seized liquor or the trade of liquor. The house of the petitioner is inhabited by his several family members and she had no knowledge of keeping the said liquor in the house. She happens to be lady and has no criminal antecedent. She has been languishing in custody since 16.05.2018.

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 4th Additional Sessions Judge-cum-Special Judge, Darbhanga in connection with Sadar P.S. Case No. 184 of 2018.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T