Sushma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48743 of 2018 Arising Out of PS.Case No. -138 Year- 2018 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ====================================================== Sushma Devi, Wife of Supari Paswan, residence of Village Rajwan, P.S. Asthawan, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

7 litres of country made liquor is said to have been recovered from a pond located adjacent to the house of the petitioner and the 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 either with the seized liquor or with the place of recovery.

Patna High Court Cr.Misc. No.48743 of 2018 (2) dt.09-08-2018 2/2 Place of recovery is open place and is easily accessible to anyone. She has been falsely implicated in the case at the instance of her enemies. She has no criminal antecedent. She has been languishing in custody since 14.07.2018.

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 A.D.J.-VI cum Special Judge, Excise Act, Nalanda, Biharshariff in connection with Ashtawan P.S. Case No. 138 of 2018.

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