Patna High CourtCR. MISC./17312/2019bail granted

Radhika Devi v. The State Of Bihar

2019-03-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17312 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Radhika Devi, Wife of Sri Ram Singh, Resident of Village- Amaitra, Police Station- Harnaut, District- Nalanda, presently Residing at Near Anmol Hotel, Police Station- Rahui, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Swetabh For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 02.02.2019 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the possession of three accused persons including the petitioner, 46 litres of country made liquor were recovered, out of which, 18 litres were recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been roped in the present case, merely on the basis of suspicion. A statement has been made in paragraph no.3 of the petition that the petitioner is not having

Patna High Court CR. MISC. No.17312 of 2019(2) dt.27-03-2019 2/2 any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the conscious physical possession of the petitioner and petitioner is named in the FIR. Considering the quantity of recovery, period under custody and petitioner being a lady, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released 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 Special Judge, Excise Act, Patna in connection with Special Case No.1186 of 2019 arising out of Rail Bakhtiyarpur P.S. Case No.11 of 2019.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T