Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47944 of 2018 Arising Out of PS.Case No. -200 Year- 2018 Thana -TURKAULIYA DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Asha Devi, Wife of Rajendra Sahani, resident of Village- Kawalpur, P.S. Turkauliya, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

29.200 litres of country made liquor is said to have been recovered from the house of the petitioner and her husband namely Rajendra Sahani was apprehended while the petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.47944 of 2018 (2) dt.06-08-2018 2/2 conscious physical possession of the petitioner. She has no concern with the seized liquor. She has been falsely implicated in the case at the instance of her enemies. The house of the petitioner is inhabited by several family members and she had no knowledge of keeping of the said liquor in the house. She was not apprehended on the spot. She happens to be lady. She has been languishing in custody since 21.06.2018. Similarly situated coaccused, namely, Rajendra Sahani has been enlarged on bail by this court vide order dated 20.06.2018 passed in Cr. Misc. No. 34272 of 2018.

Considering the facts aforesaid, 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 Act, East Champaran, Motihari in connection with Turkauliya P.S. Case No. 200 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T