Nirmala Devi @ Mangli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48957 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- PIYAR District- Muzaffarpur ====================================================== Nirmala Devi @ Mangli S/o Late Rambabu Paswan, resident of VillageHattha Somnahi, P.S.- Pear, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Piar P.S. Case No. 135 of 2018 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and 30 (a), (c), (d), 32, 37(d) and 38 of Bihar Prohibition Excise Act, 2016. 15 lts. of country made liquor and 75 lts. jaggery are said to have been recovered from the house of the petitioner and petitioner was apprehended in the course of escaping from the house.

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

Patna High Court Cr.Misc. No.48957 of 2018(2) dt.10-08-2018 2/2 the seized article. She has been falsely implicated in this case by the police at the instance of her enemy. The house of the petitioner is inhabited by her several family members and she had no knowledge of keeping of aforesaid articles in the said house. Seizure list does not bear her signature. She happens to be lady. She has no criminal antecedent. She has been languishing in custody since 20.07.2018.

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 Act, Muzaffarpur in connection with Piar P.S. Case No. 135 of 2018.

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