Sunaina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54202 of 2018 Arising Out of PS.Case No. -75 Year- 2018 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================
1. Sunaina Devi W/o Ragho Kewat, R/o Vill.- Badri Bigha, P.S.- Deepnagar, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binit Kumar For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 290 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
80 liters of country made liquor, one gas cylinder and some pots are said to have been recovered from bank of Langdi Nadi and the petitioner and other accused persons managed to escape who were identified by the seizure list witnesses. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious
Patna High Court Cr.Misc. No.54202 of 2018 (02) dt.31-08-2018 - 2 - physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery of any activity of brewing liquor. He was not apprehended on the spot. He has been falsely implicated in this case by the seizure list witnesses due to animosity. Barring the disclosure made by the seizure list witnesses, there is nothing on record indicating the complicity of the petitioner in the occurrence. Though two more cases have been lodged against the petitioner but he is on bail in the said cases. He has been languishing in custody since 02.08.2018. In the facts and circumstances of the case, 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 VI Additional District and Sessions Judge-cum-Special Judge Excise, Nalanda, District Nalanda in connection with Deepnagar P.S. Case No.75 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T