Ramrati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48198 of 2018 Arising Out of PS.Case No. -215 Year- 2018 Thana -ATRI District- GAYA ======================================================
1. Ramrati Devi, Son of Ramswarup Choudhary, Resident of VillageTeusha, P.S.-Atri, District-Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Mr. Manoj Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 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 272 & 273 of the Indian Penal Code and Section 30 (a) (d) of the Bihar Prohibition and Excise Act, 2016.
5 liters of country made liquor and some utensils and raw material and instruments meant for brewing country made liquor is said to have been recovered from the house of the petitioner and 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 with the
Patna High Court Cr.Misc. No.48198 of 2018 (02) dt.07-08-2018 - 2 - seized articles. The house of the petitioner is inhabited by her several family members and she had no knowledge of keeping of the said articles in the house. She has been falsely implicated in this case at the instance of her enemy. There is violation of Section 100 Cr.P.C. She happens to be lady and has no criminal antecedent and has been languishing in custody since 30.06.2018. 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, Gaya in connection with Atri P.S. Case No.215 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T