Budhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51460 of 2018 Arising Out of PS. Case No.-717 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== Budhiya Devi, W/o Saryoo Prasad, R/o Vill-Modanganj Bajar, P.S. Ghosi (O.P. Okari), Distt-Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case No. 717 of 2018 registered for the offence punishable under Section 30 (a) of Bihar Prohibition Excise Act, 2016. 19.05 lts. of foreign liquor is said to have been recovered from the court yard of the house of the petitioner and she was apprehended.

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 at the instance of her enemy. The house of the petitioner is

Patna High Court Cr.Misc. No.51460 of 2018(2) dt.21-08-2018 2/2 inhabited by her several other family members and she had no knowledge of keeping of liquor in the house. There is no compliance of Section 100 Cr.P.C. She happens to be lady. She has no criminal antecedent. She has been languishing in custody since 19.07.2018.

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 Additional District & Sessions Judge-II, Jehanabad in connection with Excise Case No. 717 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T