Patna High CourtCR. MISC./16189/2019bail granted

Samundri Devi v. The State Of Bihar

2019-03-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16189 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== SAMUNDRI DEVI W/O Bharosi Kevat Resident of Village- Badarwali, P.S.- Chandi, District- Nalanda. At Present Address In Harnaut field in the house of Sakal Yadav P.S.- Harnaut, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 02.02.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that three ladies were apprehended, including the petitioner, from the Bakhtiyarpur platform carrying four bags, from which total 40 litres of country made liquor were recovered.

It is submitted by learned counsel for the petitioner that the petitioner was apprehended only on the basis of suspicion. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.16189 of 2019(2) dt.15-03-2019 2/2 Learned APP for the State submits that the recovery has been made from the conscious physical possession of the petitioner.

Considering the quantity of recovery and the petitioner being a lady coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Bakhtiyarpur P.S. Case No.11 of 2019, Special Case No. 1186 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T