Sudha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53027 of 2018 Arising Out of PS.Case No. -373 Year- 2018 Thana -DIGHA District- PATNA ====================================================== Sudha Devi, W/o. Binod Manjhi, R/v- Digha Railway Line Musahri, P.S.- digha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 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 30(a) (d) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

15 litres of country made liquor,10 Kg. Mahua, some pots and brewing machine are said to have been recovered from the hut of the petitioner and petitioner was apprehended. 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 concern either with the seized article or any trade of liquor. The hut of the petitioner is inhabited by her several family members and she had no knowledge of keeping of the said article in the hut.

Patna High Court Cr.Misc. No.53027 of 2018 (2) dt.28-08-2018 2/2 She happens to be leady. She has been falsely implicated in the case at the instance of her enemy. She has no criminal antecedent. She has been languishing in custody since 24.07.2018. 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, Patna in connection with Special Case No. 6783 of 2018 arising out of Digha P.S. Case No. 373 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T