Patna High CourtCR. MISC./51077/2018bail granted

Mira Devi v. The State Of Bihar

2018-08-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51077 of 2018 Arising Out of PS. Case No.-681 Year-2018 Thana- BIHTA District- Patna ====================================================== Mira Devi, W/o Rajesh Manjhi, R/o Raghopur, P.S. Bihta, Distt-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoranjan Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bihta P.S. Case No. 681 of 2018 registered for the offence punishable under Section 30 (a) of Bihar Prohibition Excise Act, 2016. 14 lts. of country made liquor is said to have been recovered from possession of the petitioner sitting in the tempo. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. She has no concern with the seized liquor. She has been falsely implicated in this case. As a matter of fact, 70 lts. of liquor was recovered from the tempo, but the police instead of taking action against the driver and owner of the said tempo have shown aforesaid liquor

Patna High Court Cr.Misc. No.51077 of 2018(2) dt.20-08-2018 2/2 recovered from the possession of five persons sitting in the said tempo including the petitioner. She happens to be lady. She has no criminal antecedent. She has been languishing in custody since 25.06.2018. Similarly situated co-accused namely, Raj Kumari Devi, Lalu Devi @ Lalo Devi and Panma Devi have been enlarged on bail by this Court vide order dated 10.08.2018 passed in Cr. Misc. no. 49227 of 2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Patna in connection with Bihta P.S. Case No. 681 of 2018.

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