Lila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48090 of 2018 Arising Out of PS.Case No. -188 Year- 2016 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ====================================================== Lila Devi, wife of Late Raju Manjhi @ Late Raja Manjhi, resident of Village- Kaler, P.S. Magadh Medical, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 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.
Petitioner seeks bail in a case registered for the offence punishable under Sections 53 and 47(A)(F) of the Bihar Prohibition and Excise Act, 2016.
2 litres of country made liquor, some utensils and earthen instruments meant for brewing liquor are said to have been recovered from the house of the petitioner and the petitioner managed to escape.
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
Patna High Court Cr.Misc. No.48090 of 2018 (2) dt.07-08-2018 2/2 concern either with the seized article or any trade of liquor. She has been falsely implicated in the case at the instance of her enemies by planting aforesaid recovery from her house. Her house is a joint family house. She was not apprehended on the spot. Though two more cases under Excise Act have been lodged against the petitioner, but she is on bail in the aforesaid cases. She happens to be lady and has been languishing in custody since 05.06.2018.
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, Gaya in connection with Magadh Medical P.S. Case No. 188 of 2016.
(Prakash Chandra Jaiswal, J) Mishra/- U T