Jagmila Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.743 of 2017 (2) dt.25-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.743 of 2017 ====================================================== Jagmila Devi, Wife of Umesh Rai, resident of Village - Phulpura, P.S.- Bidupur, District- Vaishali, at Hajipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate. For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Bidupur P.S. Case No. 281 of 2016, registered under Sections 30 and 47 of the Bihar Excise Amendment Act, 2016. The accusation is that the police, on receiving secret information about keeping liquor in the house of Bhagdeo Rai in village Phulpura, reached there. On search, 332 bottles of Kingfisher each containing 650 ml, 191 bottles of Thunderbolt each containing 650 ml and 347 bottles of Tuborg each containing 65 ml of beer, recovered from the house of Bhagdeo Rai. On query, Bhagdeo Rai, disclosed that the key of his house was kept by this petitioner and one Dharmendra Rai after taking the key

Patna High Court Cr.Misc. No.743 of 2017 (2) dt.25-01-2017 from this petitioner kept the liquor in the house of Bhagdeo Rai. Learned counsel for the petitioner submits that petitioner has no concerned with co-accused, Bhagdeo Rai and she has falsely been implicated in this case due to ulterior motive. Further submission is that petitioner being lady has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, connection with Bidupur P.S. Case No. 281 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T